South Dakota Notice of Appearance

NOTICE OF APPEARANCE

State of South Dakota — Circuit Court

1. COURT HEADER AND CASE CAPTION

STATE OF SOUTH DAKOTA
IN CIRCUIT COURT

Judicial Circuit: [____] Judicial Circuit

County: [________________________________]

[________________________________],

Plaintiff(s),

v.

[________________________________],

Defendant(s).

NOTICE OF APPEARANCE

2. PARTY INFORMATION

Appearing on behalf of:

Additional Parties Represented (if applicable):

3. ATTORNEY INFORMATION

Pursuant to SDCL 15-6-11, the undersigned attorney provides the following information:

Additional Attorneys (if applicable):

4. TYPE OF APPEARANCE

The undersigned enters an appearance as follows (select all that apply):

☐ General Appearance — Full representation on all matters in this action pursuant to SDCL 15-6-5 and 15-6-11

☐ Initial Appearance — First appearance on behalf of the party

☐ Substitution of Counsel — Replacing prior counsel of record [________________________________] (SD Bar No. [________])

☐ Additional Counsel — Appearing as co-counsel alongside current counsel of record [________________________________]

☐ Limited Scope Appearance — Appearance limited to specific matters pursuant to SDCL 16-18-20.1 (see Section 8)

☐ Pro Hac Vice Appearance — Out-of-state counsel appearing with leave of court (see Section 7)

☐ Guardian Ad Litem / Court-Appointed Counsel — Appointed by order dated [__/__/____]

5. APPEARANCE STATEMENT

COMES NOW [________________________________], South Dakota Bar No. [________________________________], of [________________________________], and pursuant to SDCL 15-6-5 and 15-6-11, hereby enters an appearance on behalf of [________________________________], [________________________________] (party description), in the above-captioned matter.

The undersigned requests that all pleadings, motions, notices, orders, and other papers be served upon the undersigned at the contact information set forth in Section 3 above, in accordance with SDCL 15-6-5(b).

6. CIVIL CASE FILING STATEMENT

Pursuant to SDCL 15-6-5(h), whenever a party or an attorney files a notice of appearance, the party or attorney shall also file a completed Civil Case Filing Statement containing identifying information regarding all parties, including adverse parties, with the clerk of court.

☐ A Civil Case Filing Statement is filed concurrently with this Notice of Appearance.

☐ A Civil Case Filing Statement was previously filed in this matter.

☐ The Civil Case Filing Statement requirement does not apply to this filing (explain): [________________________________]

Civil Case Filing Statement Information (Summary):

7. CONSENT TO ELECTRONIC SERVICE

Pursuant to South Dakota Supreme Court Rule 20-02 and applicable electronic filing rules:

☐ The undersigned CONSENTS to electronic service through the South Dakota Odyssey E-Filing System (eFileSD) for all documents in this matter.

☐ The undersigned DOES NOT CONSENT to electronic service and requests service by conventional means pursuant to SDCL 15-6-5(b).

E-Service Email Address(es):

South Dakota E-Filing Acknowledgments:

☐ The undersigned is a registered user of the eFileSD system (South Dakota Odyssey E-Filing).

☐ The undersigned acknowledges that e-filing is mandatory for attorneys in South Dakota circuit courts pursuant to Supreme Court Rule 20-02.

☐ The undersigned understands that e-service through eFileSD constitutes valid service under SDCL 15-6-5(b).

☐ The undersigned understands that e-filed documents must comply with applicable formatting and size requirements.

South Dakota E-Filing Notes:

• South Dakota has 7 judicial circuits covering 66 counties:
• 1st Circuit: Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Gregory, Hanson, Hutchinson, McCook, Miner, Sanborn, Turner, Union, Yankton
• 2nd Circuit: Lincoln, Minnehaha, Turner
• 3rd Circuit: Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury, Lake, Moody
• 4th Circuit: Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, Ziebach
• 5th Circuit: Brown, Day, Edmunds, Faulk, Marshall, McPherson, Roberts, Spink, Walworth
• 6th Circuit: Bennett, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp
• 7th Circuit: Custer, Fall River, Oglala Lakota (Shannon), Pennington
• eFileSD (Odyssey) is the statewide e-filing platform for all circuit courts.

8. PRO HAC VICE ADMISSION (Out-of-State Counsel)

Complete this section only if the appearing attorney is not admitted to practice in South Dakota.

Pursuant to SDCL 16-18-2 and applicable Supreme Court rules, the undersigned out-of-state attorney requests permission to appear pro hac vice in this matter.

Out-of-State Attorney Information:

Disciplinary History:

☐ The applicant has never been the subject of disciplinary action in any jurisdiction.

☐ The applicant discloses the following disciplinary history:

[________________________________]

Required South Dakota Associate Counsel:

Out-of-state attorneys must associate with a member of the State Bar of South Dakota. The designated local associate counsel is:

Pro Hac Vice Requirements Checklist:

☐ Motion for admission pro hac vice filed

☐ South Dakota associate counsel has entered or is simultaneously entering an appearance

☐ Certificate of good standing from home state bar attached

☐ Pro hac vice fee paid (verify current fee with the court)

☐ Applicant is a member in good standing of the bar of the highest court of another state

☐ Court order granting pro hac vice admission obtained (Order dated [__/__/____])

9. LIMITED SCOPE REPRESENTATION

Complete this section only if a limited appearance is being entered.

Pursuant to SDCL 16-18-20.1 and South Dakota Rules of Professional Conduct Rule 1.2(c), the undersigned enters a limited scope appearance.

Scope of Representation:

☐ Specific motion or hearing: [________________________________]

☐ Discovery phase only

☐ Trial only

☐ Mediation or settlement conference only

☐ Specific proceeding: [________________________________]

☐ Other limited purpose: [________________________________]

Scheduled Event Date (if applicable): [__/__/____]

Duration of Limited Appearance:

☐ Terminates automatically upon conclusion of the specified matter or event

☐ Terminates on [__/__/____]

☐ Terminates upon further order of the Court

SDCL 16-18-20.1 Requirements:

☐ The client has provided informed written consent to limited scope representation as required by SDCL 16-18-20.1.

☐ The written agreement clearly defines the scope of the limited representation.

☐ A copy of the written agreement is maintained in counsel's file.

☐ The client understands the limitations of the representation and the matters excluded from it.

Termination Protocol:

Upon completion of the limited scope representation, the undersigned will:

☐ File a Notice of Completion of Limited Scope Representation with the court

☐ Serve all parties with notice of the termination of the limited representation

☐ File a motion to withdraw if the court requires formal withdrawal approval

10. CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], a copy of the foregoing Notice of Appearance was served upon the following parties or counsel of record by the method(s) indicated, in compliance with SDCL 15-6-5(b):

11. SIGNATURE BLOCK

Dated: [__/__/____]

[________________________________]
(Law Firm Name)

By: ______________________________________

[________________________________]
SD Bar No. [________________________________]
[________________________________] (Street Address)
[________________________________], South Dakota [__________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Attorney for [________________________________]

12. E-FILING INSTRUCTIONS FOR SOUTH DAKOTA CIRCUIT COURTS

Filing Through eFileSD (Odyssey E-Filing System)

Step 1: Access the System

• Navigate to the South Dakota Odyssey E-Filing portal (eFileSD)
• Log in with your registered credentials
• New users must register and obtain e-filing access

Step 2: Select the Court and Case

• Select the appropriate judicial circuit and county
• Enter the case number to locate the existing case
• For new cases, select the new case filing option and follow prompts

Step 3: Prepare the Documents

• Save this Notice of Appearance as a PDF document
• Prepare the Civil Case Filing Statement as required by SDCL 15-6-5(h)
• Ensure all documents are in proper format (text-searchable PDF)

Step 4: Upload and Categorize

• Select "Notice of Appearance" as the filing type
• Upload the Notice of Appearance PDF
• File the Civil Case Filing Statement as a separate filing or attachment as required by the circuit

Step 5: Service

• Registered eFileSD users in the case will receive automatic e-service notification
• For parties not registered for e-service, arrange conventional service
• Document all service methods in the Certificate of Service

Step 6: Payment and Submission

• Pay any applicable filing fees electronically
• Review all documents before final submission
• Save the filing confirmation receipt

Important Filing Reminders

• SDCL 15-6-5(h) requires a Civil Case Filing Statement to be filed with the notice of appearance
• Some circuits may require additional forms or filings — verify with the local clerk
• Maintain copies of all filed documents and confirmation receipts

13. PRACTITIONER NOTES — SOUTH DAKOTA

Statutory and Rule Framework

• SDCL 15-6-5 governs service and filing of pleadings and other papers, including service methods and timing.
• SDCL 15-6-5(h) specifically requires that a completed Civil Case Filing Statement be filed whenever a party or attorney files a notice of appearance.
• SDCL 15-6-11 requires every pleading, motion, or other paper to be signed by at least one attorney of record, with the attorney's address.
• SDCL 15-6-11(b) governs the signing obligation and requires sanctions for violations.
• SDCL 16-18-20.1 authorizes limited scope representation and sets requirements for attorney-client agreements.
• Supreme Court Rule 20-02 governs electronic filing in South Dakota circuit courts.

Judicial Circuits and County Considerations

• South Dakota has 7 judicial circuits covering 66 counties.
• The 2nd Judicial Circuit (Minnehaha and Lincoln Counties, including Sioux Falls) has the highest case volume.
• The 7th Judicial Circuit (Pennington County, including Rapid City) is the second busiest.
• Each circuit may have presiding judges with specific administrative orders or practices.

Key Practice Points

1. Civil Case Filing Statement Required: SDCL 15-6-5(h) requires a Civil Case Filing Statement to be filed with every notice of appearance. This is a mandatory requirement and failure to file the statement may result in rejection of the notice of appearance or other adverse consequences.

2. Mandatory E-Filing: E-filing through eFileSD (Odyssey) is mandatory for attorneys in all South Dakota circuit courts pursuant to Supreme Court Rule 20-02.

3. Limited Scope Representation (SDCL 16-18-20.1): South Dakota specifically authorizes limited scope representation by statute. The attorney and client must enter a written agreement defining the scope of representation. The attorney must provide clear notice to the court and other parties of the limitations.

4. Withdrawal of Counsel: Withdrawal requires court permission under SDCL 15-6-11(b) and applicable Supreme Court rules. The withdrawing attorney must ensure the client is given adequate notice and that withdrawal will not prejudice the proceedings.

5. Service by Mail: Service by mail under SDCL 15-6-5(b) is complete upon mailing. Three additional days are added to response times when service is made by mail.

6. Pro Hac Vice Admission: Out-of-state attorneys must associate with a South Dakota bar member. The court has discretion in granting pro hac vice admission and may impose conditions.

7. Filing Fees: Verify current filing fees with the circuit court clerk for the appropriate county. Fees may vary by case type and filing type.

8. Tribal Court Considerations: Several South Dakota counties include Indian reservations with concurrent or exclusive tribal court jurisdiction. Confirm that the state circuit court has jurisdiction before filing.

Common Errors to Avoid

• Failing to file the Civil Case Filing Statement with the Notice of Appearance as required by SDCL 15-6-5(h)
• Not registering for eFileSD before attempting to e-file
• Omitting the SD Bar number from the signature block
• Attempting to withdraw without obtaining court permission
• Filing in state circuit court when tribal court jurisdiction may apply

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. All filings must be reviewed and approved by a licensed South Dakota attorney before submission to any court. Verify all statutory citations and local court rules before use, as rules and fees may change.