South Dakota Court
Filing Fees

South Dakota court filing fees range from $15–$40 for small claims to $80–$150 for general civil cases, set by SDCL § 16-2-29. Probate filings cost $50–$95; family law (divorce, custody) costs $95.

The filing fee is due when you submit your petition or complaint — paying the wrong amount can delay your case or require resubmission.

South Dakota court filing fees are set at the state level but may include additional local surcharges depending on the county or judicial district. Some courts have moved to electronic filing (e-filing) systems that add a convenience fee — typically $3–$10 per transaction — on top of the base filing fee.

Before filing, always check the current fee schedule posted by your specific court, as fees are updated periodically by legislative action or administrative order.

The fee structure in South Dakota reflects a tiered approach common across the United States. Civil filing fees ($80–$150) represent the highest tier, designed for complex litigation involving substantial damages or equitable relief.

Probate filings ($50–$95) occupy a middle tier, recognizing that estate administration is often a necessary — not elective — legal proceeding. Family law fees ($95) are set at a comparable level, while small claims fees ($15–$40) remain intentionally low to provide an accessible forum for everyday disputes.

Many litigants are surprised to learn that the initial filing fee is only part of the total cost of court proceedings in South Dakota. Beyond the base fee, you may encounter charges for amended filings, cross-complaints, counterclaims, third-party complaints, and interpleader actions — each of which may carry its own fee under SDCL § 16-2-29.

Courts also charge for post-judgment filings, such as motions to vacate or modify judgments, abstracts of judgment for lien purposes, and writs of execution to enforce money judgments.

If you cannot afford the filing fee, South Dakota law provides a mechanism for fee waivers under SDCL § 15-16A-8 (waiver of fees for poverty). Qualifying applicants — generally those whose income falls at or below 125%–200% of the federal poverty guidelines, or who receive means-tested public benefits — can petition the court to waive or defer court costs.

We cover fee waiver eligibility in detail below.

Planning ahead for filing fees is particularly important when multiple filings are anticipated. A contested divorce in South Dakota, for example, may require the initial petition ($95), motions for temporary orders, discovery motions, and post-decree modification filings — each carrying its own fee.

Similarly, a probate proceeding that starts with a simple petition ($50–$95) can generate additional fees for petitions to sell real property, accountings, and distribution orders. Building a realistic litigation budget at the outset helps avoid financial surprises that can stall your case.

South Dakota's small claims jurisdiction (Magistrate Court) is $12,000. South Dakota's circuit court filing fees include a base state fee with no county-specific surcharges — fees are uniform statewide.

South Dakota's e-filing system adds a $5 convenience fee per filing. South Dakota's fee waiver (Form UJS-006) is evaluated within 5 court days.

South Dakota's probate court jurisdiction is vested in the circuit court rather than a separate probate court — the same fee schedule applies regardless of probate or civil classification.

General civil filing fees in South Dakota range from $80–$150. This covers the initial complaint or petition in cases such as breach of contract, personal injury, property disputes, and other civil actions filed in the court of general jurisdiction.

The exact amount depends on the damages sought — most states charge a higher fee for cases above a certain dollar threshold. In South Dakota, the lower end of the range typically applies to unlimited civil cases with no specific dollar threshold, while the higher end reflects additional surcharges or technology fees that some judicial districts impose.

Civil filing fees in South Dakota also encompass specialized civil actions that carry distinct fee schedules. Unlawful detainer (eviction) filings, for instance, may carry a different fee than a standard civil complaint.

Declaratory judgment actions, quiet title suits, and eminent domain proceedings are each categorized under the civil umbrella but may trigger supplemental fees depending on the complexity or value of the matter. Cross-complaints and counterclaims filed by defendants in civil cases typically cost the same as or slightly less than the original filing, adding another layer to total litigation costs.

Probate court filing fees in South Dakota range from $50–$95. Probate filings include petitions for appointment of a personal representative (executor or administrator), petitions for probate of a will, applications for informal probate, and ancillary proceedings.

Some courts charge a separate fee for inventories, accountings, and petitions for final distribution. If you are administering an estate, budget for multiple filings over the course of the proceeding, not just the initial petition.

Beyond the initial probate petition, South Dakota courts may charge separate fees for petitions to sell real property, petitions for family allowance, petitions for preliminary distribution, objections to accountings, and petitions for final discharge of the personal representative. Guardianship and conservatorship petitions — often filed in the same probate division — can carry fees comparable to or higher than standard probate filings.

If the decedent owned property in multiple states, ancillary probate filings in South Dakota will each require their own filing fee of $50–$95.

Family law filing fees in South Dakota range from $95 (divorce filings specifically range from $95 to $95). Family law matters include divorce or dissolution of marriage, legal separation, annulment, child custody modifications, child support enforcement, and protective orders.

Some family law filings — particularly domestic violence protective orders — are exempt from filing fees by statute to ensure access for victims. Modifications to existing custody or support orders filed after the original judgment also require a separate filing fee, which can catch parties off guard years after the original case concluded.

Small claims court fees in South Dakota range from $15–$40. Small claims courts handle disputes below the state's jurisdictional limit — typically $5,000–$10,000, though some states allow claims up to $25,000.

The lower fee structure is designed to make these courts accessible to self-represented litigants pursuing modest claims without the cost of a full civil action. Filing a defendant's claim (counterclaim) in small claims court usually costs the same as the plaintiff's original filing.

If your case exceeds the small claims limit, you will need to file in the general civil division and pay the higher fee of $80–$150.

South Dakota courts accept multiple forms of payment for filing fees, though accepted methods vary by courthouse and whether you file in person or electronically. Most South Dakota courts accept cash, personal checks, cashier's checks, and money orders for in-person filings.

Credit and debit card payments are increasingly accepted, but many courts impose a convenience surcharge of 2.5%–3.5% on card transactions to offset merchant processing fees. On a civil filing fee of $80–$150, that surcharge can add $5–$15 to your total cost.

South Dakota's relatively lower filing fees make court access more affordable, but the payment infrastructure may be less modernized than in higher-fee states. Some South Dakota courts still require in-person filing and payment for certain case types, particularly in rural counties with smaller clerk's offices.

However, many judicial districts have adopted or are transitioning to e-filing systems. Check with your specific courthouse to determine whether electronic filing is available, optional, or mandatory for your case type.

Where e-filing is available, expect a convenience fee of $3–$10 per transaction in addition to the base filing fee.

When paying by check or money order in South Dakota, make the payment payable to the "Clerk of Court" or the specific court name listed on the fee schedule — the clerk's office will reject checks made out to incorrect payees. Personal checks are generally accepted, but some courts require certified funds (cashier's check or money order) for amounts above a certain threshold, particularly for appeal bonds or large filing fees.

Do not send cash through the mail; if filing by mail, always use a check or money order and include a self-addressed stamped envelope for the file-stamped copy to be returned to you.

For probate filings in South Dakota ($50–$95), some courts allow the filing fee to be paid from estate funds rather than the personal representative's own pocket. If you are serving as executor or administrator, consult with the probate clerk about whether the court will accept payment from the estate checking account.

This is particularly relevant for larger estates where multiple filings — each carrying its own fee — are anticipated over the course of the administration.

If you are filing in South Dakota from out of state — for example, in an ancillary probate or a family law matter involving relocation — e-filing or mail filing is typically your best option. Contact the clerk's office in advance to confirm accepted payment methods for out-of-state filers, as some courts do not accept out-of-state personal checks.

A money order or cashier's check drawn on a national bank is the safest option for remote filings. Wire transfers are generally not accepted by South Dakota courts for individual filing fees.

Beyond the four primary categories — civil ($80–$150), probate ($50–$95), family ($95), and small claims ($15–$40) — South Dakota courts maintain detailed fee schedules that cover dozens of specific filing types. Understanding the full scope of these schedules, governed by SDCL § 16-2-29, helps litigants and attorneys avoid underpayment (which delays filing) and overpayment (which requires a reimbursement request).

Below is a deeper breakdown of fee categories commonly encountered in South Dakota courts.

Criminal and traffic case fees in South Dakota are distinct from civil filing fees and are typically assessed as part of the sentencing process rather than at the time of filing. However, defendants who file motions — such as motions to suppress evidence, motions to dismiss, or post-conviction relief petitions — may encounter motion fees ranging from $15 to $100.

Expungement and record-sealing petitions carry their own filing fees, typically $50–$250 in South Dakota, and these fees are generally non-waivable except for specific statutory exceptions. If you are seeking to clear a criminal record in South Dakota, budget for the filing fee plus the cost of background check documentation and any required fingerprinting.

Appellate court fees in South Dakota are substantially higher than trial court fees. Filing a notice of appeal in a civil case typically costs $100–$500 depending on the level of the appellate court (intermediate appellate court vs.

supreme court). Appellate filings also require payment for the preparation of the record on appeal — including the clerk's transcript and court reporter's transcript — which can cost $500–$5,000 or more depending on the length of the trial proceedings.

Petitions for review by the state supreme court carry additional fees, typically $200–$400.

Specialty court filings in South Dakota carry their own distinct fee structures. Tax court or tax appeal filings, where they exist as separate tribunals, often charge $50–$200 for initial petitions.

Workers' compensation appeals, administrative agency review petitions, and land use appeals each have fees set by their respective enabling statutes rather than the general fee schedule under SDCL § 16-2-29. Bankruptcy court — a federal court — charges its own fee schedule ($338 for Chapter 7, $313 for Chapter 13 as of 2026) regardless of South Dakota's state court fee structure.

Business-related filings in South Dakota courts also follow specialized fee schedules. Corporate receivership petitions, dissolutions, trade secret injunctions, and mechanic's lien enforcement actions may carry higher filing fees than standard civil complaints because of their complexity or the value of the assets involved.

Similarly, real property-related filings — partition actions, foreclosure proceedings, and quiet title suits — often carry fees at the higher end of the civil range ($80–$150) or include supplemental charges for lis pendens filings and abstract of judgment recordings with the county recorder.

Name changes, gender marker changes, and adoption filings in South Dakota have their own fee categories that fall outside the standard civil and family law ranges. Name change petitions typically cost $100–$350, while adoption filings range from $100–$400 depending on whether the adoption is contested.

Step-parent adoptions and relative adoptions often carry lower fees than agency or independent adoptions. Some South Dakota courts waive fees for adoption finalization proceedings to encourage permanency for children in foster care.

South Dakota provides fee waiver relief under SDCL § 15-16A-8 (waiver of fees for poverty). Fee waivers (also called "in forma pauperis" or IFP status) allow individuals who cannot afford court costs to file their case without prepaying the filing fee.

The waiver typically covers the initial filing fee, service of process costs, and fees for certified copies — though the court may require partial payment or impose a payment plan if your income slightly exceeds the eligibility threshold.

To qualify for a fee waiver in South Dakota, you generally must demonstrate that your household income falls at or below 125%–200% of the federal poverty guidelines, or that you receive means-tested public assistance such as SNAP (food stamps), Medicaid, SSI, or TANF. Many courts use a standardized application form — ask the clerk's office for the fee waiver application packet.

You will need to disclose income, expenses, assets, and debts, and may be required to attach supporting documentation such as pay stubs, tax returns, or benefit award letters.

Filing the fee waiver application does not automatically approve the waiver. In most South Dakota courts, a judge reviews the application and may grant the waiver in full, grant it partially (requiring you to pay a reduced amount), or deny it.

If the waiver is denied, you typically have a short window — often 10–14 days — to pay the filing fee or request reconsideration. An incomplete application is the most common reason for denial, so fill out every field and attach all requested documentation.

Fee waivers in South Dakota are not limited to the initial filing fee. If granted, in forma pauperis status under SDCL § 15-16A-8 (waiver of fees for poverty) generally extends to cover court reporter fees for hearings, jury fees, fees for subpoenas and writs, and costs of service by the sheriff or marshal.

However, the waiver does not cover attorney fees, expert witness costs, or private process server charges — those remain the responsibility of the litigant even when IFP status is granted. Some South Dakota courts also waive the cost of certified copies needed for appeals, but this varies by judicial district.

If your fee waiver is denied, you have options beyond simply paying the full fee. In South Dakota, you may request a hearing before the judge to present additional evidence of financial hardship.

You can also ask for a fee deferral rather than a full waiver — this allows you to file immediately and pay the fee in installments over a period set by the court, typically 60–120 days. Some courts also offer community service alternatives for litigants who fall just above the income threshold.

Keep in mind that the fee waiver determination is without prejudice, meaning you can reapply if your financial circumstances change during the case.

The fee waiver process in South Dakota — formally governed by SDCL § 15-16A-8 (waiver of fees for poverty) — is designed to ensure that court access is not denied based on inability to pay. The legal term "in forma pauperis" (IFP) literally means "in the manner of a pauper" and has roots in English common law.

In practice, South Dakota's IFP provisions allow qualifying individuals to file civil, family, probate, and small claims cases without prepaying the filing fee. This is a constitutional access-to-justice safeguard: courts have consistently held that filing fees cannot serve as an absolute barrier to the courthouse.

Income thresholds for fee waiver eligibility in South Dakota are generally pegged to the Federal Poverty Level (FPL). Most South Dakota courts grant automatic fee waivers for applicants whose household income falls at or below 125% of the FPL — approximately $19,506 per year for an individual or $40,000 for a family of four (2026 figures).

Applicants earning between 125% and 200% of the FPL may qualify for a partial waiver or a fee deferral (payment plan). Above 200% of the FPL, the applicant must demonstrate extraordinary expenses — such as medical debt, disability-related costs, or recent job loss — that render them unable to pay the filing fee of $80–$150 or $95 without sacrificing basic necessities.

Required documentation for a South Dakota fee waiver application typically includes: (1) a completed application form (available from the clerk's office or the court's website), (2) proof of income for the prior 30–90 days (pay stubs, unemployment benefits letters, Social Security award letters, or a signed declaration of zero income), (3) proof of receipt of means-tested benefits such as SNAP, Medicaid, SSI, TANF, or CAPI, (4) a list of monthly expenses including rent, utilities, food, medical costs, and child care, and (5) a statement of assets including bank balances, vehicle values, and real property ownership. Courts may also request the most recent tax return, though this is not universally required.

Certain categories of litigants in South Dakota receive presumptive or automatic fee waivers without a detailed financial review. These typically include: recipients of any means-tested government benefit (SNAP, SSI, TANF, Medicaid, General Relief), individuals currently incarcerated in a state or county facility, veterans receiving VA pension benefits based on need, and domestic violence survivors filing protective orders.

Additionally, some South Dakota courts extend automatic fee waivers to foster youth aging out of the system and to individuals who have been declared indigent in a related criminal proceeding within the past six months.

If your fee waiver is granted in South Dakota, understand its scope and limitations. The waiver under SDCL § 15-16A-8 (waiver of fees for poverty) typically covers: the initial filing fee, fees for issuance of summons, service of process by the sheriff or marshal, certified copies of court orders needed for the case, court reporter fees for mandatory hearings, and jury fees if a jury trial is demanded.

The waiver does not cover: private attorney fees, private process server charges, deposition costs, expert witness fees, or costs incurred by the opposing party. If you win the case, the court may order the losing party to reimburse the waived fees to the court — this is called a "costs judgment" and is separate from any money judgment you receive.

The fee waiver remains in effect for the duration of the case unless the court finds that your financial circumstances have materially changed. South Dakota courts retain the right to review and revoke a fee waiver if evidence emerges that the applicant's financial situation has improved — for example, through employment, inheritance, or settlement proceeds.

If you receive a lump-sum payment or significant increase in income during the case, you may have an obligation to notify the court and update your fee waiver application. Failure to do so can result in the court vacating the waiver retroactively and ordering payment of all previously waived fees.

Beyond the initial filing fee, South Dakota courts charge fees for a variety of ancillary services. Service of process — the act of formally delivering court papers to the other party — costs $50–$150 per defendant when handled by the sheriff or a private process server.

If the other party cannot be located and you must serve by publication, newspaper publication fees typically run $100–$300 depending on the publication's rates and the number of required insertions.

Certified copies of court orders, judgments, and decrees cost $5–$25 per copy in most South Dakota courts. You will need certified copies for a variety of purposes — filing with government agencies, transferring real property, updating financial accounts, and providing proof of court orders to schools, employers, or healthcare providers.

Order several copies at the time of issuance to avoid repeat trips to the courthouse.

Motion fees — charged each time you file a substantive motion with the court — range from $15 to $100 per motion in South Dakota. Common motions include motions for summary judgment, motions to compel discovery, motions for temporary restraining orders, and post-judgment motions for modification.

In contested litigation, motion fees add up quickly: a case with five to ten motions can add $100–$500 or more in court fees alone. Jury fees — required to secure a jury trial — typically cost $100–$400 and are usually not reimbursable once demanded.

Appeal-related costs in South Dakota add another significant layer of expense. Filing a notice of appeal typically costs $100–$500 depending on the court level.

You will also need to pay for the preparation of the trial court record (the clerk's transcript and reporter's transcript), which can cost $500–$5,000 or more depending on the length of the proceedings below. Appellate filing fees, designation of the record on appeal, and costs for opening and reply briefs are all separate charges.

Some South Dakota courts require an appellate cost bond or deposit before the appeal is processed.

Mediation and alternative dispute resolution (ADR) fees are increasingly common in South Dakota courts. Many judicial districts now require mediation before trial in civil, family, and probate disputes.

Court-annexed mediation programs may charge $50–$300 per party per session, while private mediators can cost $200–$500 per hour. Although mediation fees are not technically court filing fees, they are mandatory in many South Dakota jurisdictions and should be factored into your total litigation budget.

Some courts waive or reduce ADR fees for parties who have been granted in forma pauperis status.

South Dakota's general civil filing fee of $80–$150 places it below the national average of roughly $200–$300 for civil filing costs. States like California ($435–$450), Florida ($400–$450), and Minnesota ($310–$380) sit at the top of the scale, while states like North Dakota ($80–$130), Virginia ($86–$150), and South Dakota ($80–$150) are among the most affordable.

Filing fees are not the only cost driver — states with lower filing fees sometimes have higher service or motion fees, so the total cost of litigation depends on the full fee schedule.

Family law filing fees also vary considerably from state to state. South Dakota's family law fees of $95 can be compared against California ($435–$450), Florida ($400–$430), and Connecticut ($350–$360) at the high end, versus District of Columbia ($80), South Dakota ($95), and Virginia ($86–$95) at the low end.

States with higher family law filing fees often offer broader fee waiver programs to ensure that the cost of filing does not prevent vulnerable parties — particularly domestic violence survivors and custodial parents — from accessing the courts.

Probate filing fees vary even more dramatically across states. New York charges probate filing fees on a sliding scale from $45 to $1,250 based on estate value, while many states charge a flat fee of $100–$300 regardless of estate size.

South Dakota's probate filing fee of $50–$95 should be weighed alongside potential bond premiums, executor compensation, and attorney fees — all of which can significantly exceed the filing fee itself.

Small claims courts across the country generally keep fees under $100 to maintain accessibility. South Dakota's range of $15–$40 is typical for the size of claims these courts handle.

If your dispute exceeds the small claims limit, expect to pay the higher general civil filing fee and potentially incur discovery and motion costs that do not arise in small claims proceedings.

When comparing South Dakota's total litigation costs to other states, consider more than just the filing fee. States with mandatory e-filing systems may add convenience fees but reduce the time and travel costs associated with in-person filing.

States with aggressive case management programs may charge higher initial fees but resolve cases faster, reducing the total number of motion fees and hearing costs over the life of the case. The true cost of litigation in South Dakota — including filing fees, service costs, discovery expenses, expert fees, and attorney fees — typically ranges from $5,000 to $50,000 or more depending on the complexity of the dispute and whether it proceeds to trial.

Filing fees are just the first cost in a civil case. The South Dakota Court Deadline Calculator maps out response deadlines and motion cutoffs once the case is filed.

For cases arising from personal injury, the South Dakota Personal Injury Settlement Estimator estimates damages to weigh against litigation costs. And for cases involving medical negligence, the South Dakota Medical Malpractice Calculator applies South Dakota's specific damages cap and multiplier rules.