Part VII: Judgment · Last amended 2025 · Last verified July 16, 2026
In one sentenceRule 15-6-58 sets when a judgment or order becomes legally effective — written, signed, attested by the clerk, and filed — requires each judgment on its own separate document, and lays out a confer-and-submit procedure for resolving disagreements over the proposed form of an order or judgment.
(a)Filing. Subject to the provisions of § 15-6-54(b), judgment upon the jury verdict or upon the decision of the court, shall be promptly rendered. Every judgment shall be set forth on a separate document. A judgment or an order becomes complete and effective when reduced to writing, signed by the court or judge, attested by the clerk and filed in the clerk’s office. The clerk, immediately after the filing of any judgment, shall docket the same as provided by law. Judgments of divorce pursuant to chapter 25-4 and judgments of foreclosure pursuant to chapter 21-47 or chapter 21-48 shall be docketed by the notation “see file.” Entry of the judgment shall not be delayed for the taxing of costs.
(b)Objection procedure. A party directed by the court to prepare an order or Judgment without findings of fact and conclusions of law shall prepare a proposed order or judgment and provide it to all parties within five days of being directed. Thereafter, the parties shall have five days in which to confer in an effort to agree upon the form of the proposed order or judgment. If all parties agree as to the form of the proposed order or judgment, or if no objection to the form of the order or judgment is timely received from any opposing party, then the party preparing the proposed order or judgment shall insert “NO OBJECTION AS TO FORM BY COUNSEL” in the lower left-hand corner of the final page of the proposed order or judgment. If any party timely objects to the form of the order or judgment and the parties are unable to reach an agreement as to form during such five-day period, then each party shall submit a proposed order or judgment to the court within two days after the expiration of the five-day confer period. Any objections as to form are waived by a party’s failure to timely submit a proposed order or judgment to the court as provided in this rule, unless the party’s failure is excused by the court for good cause shown. This procedure may be modified by the court.
Note: [Transferred to § 15-6-58(a)]
Plain-English Summary
Rule 15-6-58 fixes the moment a judgment or order takes legal effect. Subject to the Rule 15-6-54(b) certification requirement for partial judgments, a judgment on a jury verdict or the court’s decision has to be entered promptly, and every judgment stands on its own separate document rather than being folded into an opinion or combined with other rulings. A judgment or order becomes complete and effective only once it is reduced to writing, signed by the court or judge, attested by the clerk, and filed in the clerk’s office — at which point the clerk dockets it right away. Divorce judgments and foreclosure judgments get a shorthand docket notation of “see file” instead of a full entry. And entry of judgment does not wait on the costs being taxed; that process runs on its own separate timeline.
The rule also manages what happens when the parties cannot agree on how a proposed order or judgment should read. A party directed to prepare one without findings of fact and conclusions of law has to circulate the proposed document to all parties within five days of being told to prepare it, and the parties then get five days to confer and try to agree on its form. If everyone agrees, or no one objects in time, the preparer marks the final page “NO OBJECTION AS TO FORM BY COUNSEL.” If a party does object and the parties cannot work it out, each side submits its own proposed order or judgment to the court within two days after the confer period ends — and a party who misses that deadline waives any objection to form, unless the court excuses the delay for good cause.
Frequently Asked Questions
When does a judgment become legally effective in South Dakota?
Rule 15-6-58(a) states that a judgment or order becomes complete and effective when it is reduced to writing, signed by the court or judge, attested by the clerk, and filed in the clerk’s office.
Does every claim in a South Dakota case need its own separate judgment document?
Yes. Rule 15-6-58(a) requires that every judgment be set forth on a separate document.
Can entry of a South Dakota judgment be delayed until the costs are calculated?
No. Rule 15-6-58(a) specifically states that entry of the judgment shall not be delayed for the taxing of costs.
What happens if the parties in a South Dakota case cannot agree on the wording of a proposed judgment?
Rule 15-6-58(b) has each party submit its own proposed order or judgment to the court within two days after the five-day period for conferring on the form ends, unless the parties reach agreement or no timely objection is raised first.
What does the notation “NO OBJECTION AS TO FORM BY COUNSEL” mean on a South Dakota judgment?
Rule 15-6-58(b) has the party preparing a proposed order or judgment insert that notation in the lower left-hand corner when all parties agree on the form, or when no opposing party timely objects to it.
Amendment History
(a)SDC 1939 & Supp 1960, § 33.1702; SD RCP, Rule 58, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1990, ch 149, § 6; SL 2006, ch 330 (Supreme Court Rule 06-56); Supreme Court Rule 25-07, eff. Apr. 01, 2025.
(b)Supreme Court Rule 25-07, eff. Apr. 01, 2025.
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
Also known as:south dakota entry of judgment rulewhen does a judgment become effective south dakotaobjection to form of judgment south dakotano objection as to form by counseldocketing a judgment south dakota