Rule 83.Rules by courts of record.

Rule 15-6-83 gives circuit courts limited rulemaking power of their own. A majority of the judges in each circuit court may make and amend rules governing practice, so long as those local rules are not inconsistent with the rules in this chapter.

Adopting a local rule takes public process. The circuit must file a copy of the proposed rule, amendment, or repeal with the clerk of courts in each county within the circuit, and give notice describing its purpose in general terms while fixing a time and place, not sooner than 30 days after the notice, where anyone may appear and be heard. Notice for several proposed rules can be combined into one notice, and it may be given by posting on the United Judicial System’s website or the State Bar of South Dakota’s website, along with electronic mail notice to State Bar members.

A local rule, amendment, or repeal does not take effect on its own once the circuit’s judges adopt it. It becomes effective only when it is filed with and approved by the Supreme Court. Once approved, the Supreme Court files it with code counsel, who publishes it as an appendix to Title 15 of the code. Any local rules that circuits had adopted under this section before this version took effect were nullified, so circuits had to proceed under this notice-and-approval procedure going forward.