(a) Trial courts of record deemed always open. Trial courts of record shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders and rules.
Rule 77.Circuit Courts and Clerks
Part X: Circuit Courts and Clerks · Last amended 1966 · Last verified July 16, 2026
In one sentenceRule 15-6-77 keeps South Dakota’s trial courts of record always open for filing and process, requires trials on the merits to happen in open court while other matters can be handled by a judge in chambers, and lets the clerk grant routine motions subject to the court’s override.
Full Text of Rule 15-6-77
(b) Trials and hearings — Proceedings in chambers. All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the circuit; but no hearing, other than one ex parte, shall be conducted outside the circuit without the consent of all parties affected thereby.
(c) Motions and applications grantable by clerk. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.
Plain-English Summary
Rule 15-6-77 covers three separate aspects of how a circuit court operates day to day. Subdivision (a) deems trial courts of record always open for filing any pleading or other proper paper, for issuing and returning mesne and final process, and for making and directing all interlocutory motions, orders, and rules. There is no formal closed period standing in the way of those filings or that process.
Subdivision (b) draws a line between trials and other proceedings. Trials on the merits must be conducted in open court, so far as convenient in a regular courtroom. Other acts or proceedings may instead be done or conducted by a judge in chambers, without the clerk or other court officials in attendance, at any place inside or outside the circuit. The one limit is that no hearing other than an ex parte one may be conducted outside the circuit without the consent of every party affected by it.
Subdivision (c) gives the clerk authority over routine matters. All motions and applications in the clerk’s office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings that do not require the court’s allowance or order are grantable as a matter of course by the clerk. The court still keeps oversight: the clerk’s action may be suspended, altered, or rescinded by the court on a showing of cause.
Frequently Asked Questions
Can I file a pleading in South Dakota circuit court at any time?
Yes. Rule 15-6-77(a) deems trial courts of record always open for the purpose of filing any pleading or other proper paper.
Do all court hearings have to happen in an open courtroom?
No. Rule 15-6-77(b) requires trials on the merits to be conducted in open court, but other acts or proceedings may be handled by a judge in chambers without the clerk or other court officials present.
Can a South Dakota judge hold a hearing outside the circuit?
Only an ex parte hearing, or any other hearing with the consent of all parties affected by it. Rule 15-6-77(b) otherwise bars conducting a hearing outside the circuit.
Can the clerk of court grant a motion without a judge deciding it?
Yes, for routine matters. Rule 15-6-77(c) makes motions for issuing mesne process, issuing final process to enforce and execute judgments, and other proceedings not requiring court allowance grantable by the clerk as a matter of course.
Can a judge overturn something the clerk already granted?
Yes. Rule 15-6-77(c) allows the court to suspend, alter, or rescind the clerk’s action on a showing of cause.
Amendment History
(a)SD RCP, Rule 77 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.1401; SD RCP, Rule 77 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(c)SD RCP, Rule 77 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
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
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