15-15A-3. Definition of terms.
(1) "Court record" includes any document, information, or other thing that is collected, received or maintained by a clerk of court in connection with a judicial proceeding. "Court record" does not include other records maintained by the public official who also serves as clerk of court or information gathered, maintained or stored by a governmental agency or other entity to which the court has access but which is not part of the court record as defined in this section.
(2)Information in a court record "in electronic form" includes information that exists as: (a) electronic representations of text or graphic documents; (b) an electronic image, including a video image, of a document, exhibit or other thing; or (c) data in the fields or files of an electronic database.
(3)"Public access" means that the public may inspect and obtain a copy of the information in a court record unless otherwise prohibited by statute, court rule or a decision by a court of competent jurisdiction. The public may have access to inspect information in a court file upon payment of applicable fees.
(4)"Remote access" means the ability to electronically search, inspect, or copy information in a court record without the need to physically visit the court facility where the court record is maintained.
Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
Structure South Dakota Codified Laws
Chapter 15A - Unified Judicial System Court Records Rule
Section 15-15A-1 - Purpose of rule of access to court records.
Section 15-15A-2 - Who has access to court records under the rule.
Section 15-15A-3 - Definition of terms.
Section 15-15A-4 - Applicability of rule.
Section 15-15A-5 - General access rule.
Section 15-15A-6 - Court records that are only publicly available at a court facility.
Section 15-15A-7 - Court records excluded from public access.
Section 15-15A-10 - Procedure for requesting access to confidential financial documents.
Section 15-15A-11 - Requests for bulk distribution of court records.
Section 15-15A-12 - Access to compiled information from court records.
Section 15-15A-13 - Requests to prohibit public access to information in court records.
Section 15-15A-14 - When court records may be accessed.
Section 15-15A-15 - Fees for accessing court records.
Section 15-15A-16 - Access to certain court security information.