15-26C-4. Electronic service.
(Text of section effective as to Supreme Court cases numbered 30000 and above on September 1, 2022.)
(1)All documents filed electronically must be served electronically through the Odyssey® system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave by the Supreme Court to serve paper documents or to be exempt from receiving electronic service.
(2)Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.
(Text of section effective as to Supreme Court cases numbered 29999 and below.)
(1)After January 1, 2014, any attorney not exempt from electronic filing or a party filing electronically must designate an email address for accepting electronic service and for receiving electronic service with the supreme court clerk. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.
(2)If a party files a document by electronic means, the party must serve the document by electronic means unless the recipient of service has not designated an email address for receiving electronic service.
(3)Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.
(4)If a recipient cannot accept electronic service of a document, service under another means specified by §15-6-5 (b) is required.
(5)Any party effectuating service electronically must include a certificate of service specifying the items electronically served.
(6)Documents served electronically may be in portable document format (.pdf), with the exception of those documents to be filed with the Supreme Court in approved word processing format as previously specified herein.
(7)The Supreme Court may electronically file and serve on registered attorneys and parties any decisions, orders, notices, remittiturs or other documents prepared by the court in such cases provided the attorney or party to be served has designated an email address for receiving electronic service.
Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 225 (Supreme Court Rule 19-04); Supreme Court Order dated Aug. 30, 2022.
Structure South Dakota Codified Laws