Rule 5.Service and Filing of Pleadings and Other Papers
Part II: Commencement of Action — Service of Process, Pleadings, Motions and Orders · Last amended 2023 · Last verified July 16, 2026
In one sentenceRule 15-6-5 sets out when papers after the original complaint must be served on the parties, how service is accomplished (through an attorney, the Odyssey electronic filing system, mail, or other approved methods), and how those papers and proof of their service must be filed with the court.
Full Text of Rule 15-6-5
(a) Service — When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written brief, notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in § 15-6-4.
(b) How service is made — Proof.
(1) Unless otherwise ordered by the court or provided by rule, whenever this chapter requires permits service to be made upon a party represented by an attorney, the service shall be made upon the attorney.
(2) Unless otherwise ordered by the court, all documents filed with the court electronically through the Odyssey@ system or served electronically through the Odyssey@ system are 'presumed served upon all attorneys of record at the time of submission.
(3) Documents not filed with the court may be served upon an attorney by any of the following methods:
A. electronically through the Odyssey@ system; B. by electronic mail, using the email address designated by the attorney or law firm for service, or if none, the email address published in the Membership Directory of the State Bar of South Dakota; C. by first class mail to the attorney's last known address, which is complete upon mailing; D. by facsimile transmission subject to the following conditions :
(i) the attorney upon whom service is made has the necessary equipment to receive such transmission;
(ii) the attorney has agreed to accept service by facsimile transmission, or has served the serving party in the same case by facsimile transmission; and
(iii) the time and manner of transmission comply with the requirements of § 15-6-6(a), unless otherwise established by the Court; or E. by delivery to the attorney, or an employee of the attorney, at the attorney's office.
(4) An attorney's certificate of service, the written admission of service by the party or his attorney, or an affidavit of service are sufficient proof of service.
(5) Unless otherwise ordered by the court, service upon a party not represented by counsel must be made using one of the following methods: A. by delivery to the party or leaving it at the party's dwelling house or usual place of abode with some person over the age of fourteen years then residing therein; B. by first class mail to the party's last known address, which is complete upon mailing; or C. if no address is known, by leaving it with 'the clerk of the court.
(6) The provisions of § 15–6–5 do not apply to the service of a summons or other process or of any paper to bring a party into contempt.
(c) Service where defendants are numerous. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
(d) Filing of Papers — Originals — Copies. The original of all papers served upon a party or presented to any court or judge in support of any application or motion and including the summons, all pleadings, notices, demands, offers, stipulations, affidavits, written motions, briefs, memorandums of law, and orders shall, if not filed before service, be filed with the court, together with proof of such service, forthwith upon such service. The foregoing requirement of filing applies to the notice of filing of an order and the notice of entry of a judgment together with proof of service thereof, both of which shall be filed forthwith; if not filed within ten days after service thereof, the time of service shall be deemed to be the date of filing of the notice and proof of service. If papers are not to be served, they must be filed with the court at the time of their presentation to the court for any action or consideration. Any electronic version of any paper or document shall have the same force and effect as the original. A certified copy of an original made by electronic transmission shall have the same force and effect as a certified copy of an original.
(e) Definition — Filing with the court. Except as specifically exempted by these rules or court order, the filing of pleadings and other papers with the court as required by this chapter must be made through the Odyssey® electronic filing system with the clerk of the court. Self-represented parties may file electronically, but are not required to file electronically. Upon leave of court, an attorney required to file electronically may be granted leave of court to file paper documents with the clerk of court. The judge may permit a party to file papers with him or her, in which event the judge must note thereon the filing date and forthwith transmit them to the office of the clerk.
(f) Service by facsimile transmission (fax). [Repealed]
(g) Documents not to be filed — Depositions. No depositions (except notices to take depositions), interrogatories, requests for documents, requests for admissions, and answers and responses thereto shall be filed with the clerk of the court except as provided in this section. Any such filing shall be made electronically in full-size print unless otherwise ordered by the court. Any exhibits to such documents shall be clearly identified and included as a separate electronic file or hyperlinked within the transcript file. Any discovery materials necessary for the disposition of any motion filed with the court or referenced in any filing with the court shall be attached as an exhibit to the party's motion or as an exhibit to a declaration, affidavit, or other similar filing. Financial account information filed with the court as an exhibit under this section shall be confidential pursuant to §§ 15-15A-8 and 15-15A-9 and shall remain confidential unless and until access is granted by the court under § 15-15A-10. If any party designated any or all of any deposition as evidence to be offered in the trial of any case, such deposition shall be filed in electronic format in its entirety with the clerk of the court at the same time as that party’s designation. Depositions used by a party only for the purpose of contradicting or impeaching the testimony of deponent as a witness, pursuant to subdivision 15-6-32(a)(1), shall not be filed unless otherwise ordered by the judge presiding at the hearing or trial. All depositions which have been read or offered into evidence by agreement of parties, or at the trial or submission of the case to the court, shall become a permanent part of the file.
(h) Civil case filing statements. Whenever a party or an attorney representing a party commences a civil action, files a notice of appearance, or files an answer or first responsive pleading in a civil action, the party or attorney representing the party shall file a completed civil case filing statement containing identifying information available to that party or attorney regarding all parties, including the adverse party, with the clerk of the court. A statement must also be filed whenever a new party is added to the action. The statement shall be available from the clerk or online at the Unified Judicial System’s website. The identifying information for the filing party must be submitted on the filing statement. If the party or attorney representing a party is unable to provide the required information for the filing party, he or she may seek a waiver from the judge assigned to the action. After the information is recorded in the Unified Judicial System docketing system, the filing statement may be destroyed or kept by the clerk of the court in a nonpublic file for internal record management use by the Unified Judicial System. Access to the filed statement will only be available to court personnel or by court order.
(i) Service of discovery requests by electronic mail or portable storage media device — Costs. Any party or attorney serving discovery requests pursuant to § 15-6-31, § 15-6-33, § 15-6-34 or § 15-6-36 shall also, upon receipt of a written request, serve those items on the opposing party or attorney by electronic mail or on a portable storage media device. Failure to comply with such a request shall not make service invalid or extend the time to file a response, but the court shall order payment of the actual costs of reproducing the item and may award such other terms as it deems proper under § 15-6-37 unless good cause for failure to comply with the request is shown.
(j) Service by electronic mail (email) to parties represented by attorney. [Repealed]
End
Plain-English Summary
Once a case is underway, most documents no longer travel through the formal summons process of Rule 15-6-4 — they move under Rule 15-6-5 instead. Subdivision (a) requires that orders, pleadings after the original complaint, written motions (other than those heard ex parte), briefs, notices, and similar papers be served on every party, though a party in default for failing to appear generally does not need to be served except for pleadings asserting new claims against them.
Subdivision (b) lays out how service happens. If a party is represented by an attorney, service goes to the attorney rather than the party directly. Documents filed with the court through the Odyssey electronic filing system are presumed served on all attorneys of record at the time of filing. Documents not filed with the court can be served through the Odyssey system, by email, by first-class mail, by fax under specific conditions, or by hand delivery to the attorney or an employee at the attorney’s office. A party without counsel is served by delivery, by first-class mail, or, if no address is known, by leaving the paper with the clerk of court.
The remaining subdivisions cover filing mechanics rather than service. Subdivision (d) requires the original of served papers to be filed with the court, together with proof of service, promptly after service. Subdivision (e) requires filing through the Odyssey electronic system except where a party is exempted or granted leave to file on paper. Subdivision (g) keeps depositions, interrogatories, and similar discovery materials out of the court file except in specific circumstances, such as when a party designates deposition testimony for use at trial or attaches discovery material as an exhibit to a motion. Subdivision (h) requires a civil case filing statement whenever a party commences an action, appears, or files a first responsive pleading, and subdivision (i) addresses the cost of producing discovery items in electronic or portable-media form on request.
Frequently Asked Questions
Do I have to serve every document I file in a South Dakota civil case on the other parties?
Rule 15-6-5(a) requires service of orders, pleadings after the original complaint, written motions other than ex parte ones, briefs, notices, and similar papers on each party, with a narrower exception for parties already in default for failing to appear.
How do I serve a document on a party who has a lawyer?
Rule 15-6-5(b)(1) requires service on the attorney rather than the party directly when the party is represented by counsel, unless the court orders otherwise.
Does filing through the Odyssey system count as serving the other attorneys?
Yes. Rule 15-6-5(b)(2) states that documents filed or served electronically through the Odyssey system are presumed served on all attorneys of record at the time of submission, unless the court orders otherwise.
Can depositions be filed with the court in a South Dakota case?
Rule 15-6-5(g) generally keeps depositions out of the court file, except for notices to take a deposition, material a party designates for use as trial evidence, or discovery material attached as an exhibit to a motion or similar filing.
What is a civil case filing statement and when is it required?
Rule 15-6-5(h) requires a party or attorney to file a completed civil case filing statement with identifying information about the parties whenever a civil action is commenced, a notice of appearance is filed, an answer or first responsive pleading is filed, or a new party is added.
Amendment History
(a)HISTORY: SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004; SL 2021, ch 253 (Supreme Court Rule 21-01), effective February 23, 2021; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(b)HISTORY: SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 424 (Supreme Court Rule 90-01); 1991, ch 446 (Supreme Court Rule 91-12); 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(c)SDC 1939 & Supp 1960, § 33.0819; SD RCP, Rule 5 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004.
(d)SDC 1939 & Supp 1960, §§ 33.0107, 33.0802; SD RCP, Rule 5 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule No. 4, 1972, effective January 1, 1973; SL 1981, ch 379; 1991, ch 447 (Supreme Court Rule 91-13); 1992, ch 147; 1992, ch 366 (Supreme Court Rule 92-1); 1999, ch 275; 2000, ch 255 (Supreme Court Rule 00-1); 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; 2014 ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014; SL 2017, ch 224 (SCR 17-01), eff. January 19, 2017.
(e)SDC 1939 & Supp 1960, § 33.0802; SD RCP, Rule 5 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(f)HISTORY: SL 1991, ch 448 (Supreme Court Rule 91-14); 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(g)HISTORY: SL 1997, ch 304 (Supreme Court Rule 97-1); 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; SL 2005, ch 289 (SCR 05-03), effective February 25, 2005; SL 2006, ch 275 (Supreme Court Rule 06-01); SL 2017, ch 225 (SCR 17-02), eff. January 19, 2017; 2018, ch 294 (SCR 18-03), eff. July 1, 2018; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(h)HISTORY: SL 2004, ch 321 (Supreme Court Rule 03-20) effective January 1, 2004; 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(i)HISTORY: SL 2004, ch 328 (Supreme Court Rule 04-01) effective July 1, 2004; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
(j)HISTORY: SL 2009, ch 284 (Supreme Court Rule 09-05) effective July 1, 2009; SL 2022, (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
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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