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Although the law varies from state to state, most documents filed with a court—as well as settlement agreements and discovery documents that are not filed with the court in which the lawsuit is pending—are court records, and are presumed open to the public.

In South Dakota, the public's right to access court records is recognized and generally protected. Court documents filed with the courts, such as pleadings, motions, and other legal documents, are typically considered public records and are available for public inspection unless a specific exemption applies. Settlement agreements and discovery documents that are not filed with the court may have different levels of accessibility, depending on whether they are attached to court filings or if the court has ordered them to be sealed or otherwise restricted. The presumption of openness can be overcome if a party to the case can demonstrate that their privacy interests or other important interests outweigh the public's right to access. It's important to note that certain sensitive information, such as juvenile records, adoption records, and mental health proceedings, may be confidential under South Dakota law and not open to the public.

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Courts

court records

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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South-Dakota State Code

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Courts

court records

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