Imagine waking up on a Tuesday morning, ready to file an important motion for your court case, only to discover that every state court website is down, phone lines are dead, and you have no idea whether your deadline still matters. This is exactly what happened to thousands of South Dakota lawyers, litigants, and court users on August 19, 2025, when a massive network outage crippled the state’s judicial system and forced the South Dakota Supreme Court to declare a judicial emergency. If you have never heard of a judicial emergency before, you are not alone. Most people assume that courts simply close for snow days or holidays, but the reality is far more complex. A judicial emergency is a powerful legal tool that suspends deadlines, alters procedures, and protects the rights of everyone involved in the court system when normal operations become impossible. Whether you are an attorney managing multiple cases, a parent fighting for custody, a small business owner in a contract dispute, or simply someone trying to pay a traffic fine, understanding how judicial emergencies work can save you from missing critical deadlines and jeopardizing your case, helping you feel more confident about your legal rights during crises.
What Is a Judicial Emergency in South Dakota?
A judicial emergency is essentially a formal declaration by the South Dakota Supreme Court that something has happened, making it impossible or extremely difficult for the court system to function normally. Think of it like hitting a giant pause button on certain court rules and deadlines. When the Supreme Court declares a judicial emergency, they are exercising authority granted to it by South Dakota state law, specifically SDCL 16-3-11 through 16-3-15. These statutes give the Supreme Court broad power to respond to crises that threaten the administration of justice throughout the state. The declaration is not done lightly.
It requires an official order signed by the Supreme Court and immediately triggers specific legal consequences that affect every Court in the state, from the Supreme Court down to the local circuit and magistrate courts. What makes a judicial emergency different from a court simply being closed for a holiday is the legal weight it carries. When courts close for a holiday, deadlines typically extend to the next business day. But during a judicial emergency, all deadlines, time schedules, due dates, and filing requirements imposed by statutes, court rules, or specific court orders are suspended entirely until the emergency is lifted. This is a crucial distinction because it means the clock literally stops ticking on your case, protecting you from default judgments, missed appeals, or other negative consequences that would normally result from missing a deadline. The emergency can cover the entire state or specific jurisdictions, depending on the nature of the crisis, and the Supreme Court has the flexibility to modify or extend the emergency as circumstances change.
How Judicial Emergencies Are Declared
The process of declaring a judicial emergency in South Dakota is designed to be both thorough and swift, recognizing that emergencies rarely give warning. The authority to declare a judicial emergency rests exclusively with the South Dakota Supreme Court, specifically under SDCL 16-3-12, which provides that the Supreme Court may declare a judicial emergency by order. This is not something that individual trial judges or circuit courts can do on their own, though presiding judges in each circuit have limited authority to issue local administrative orders. When a crisis emerges, whether it is a natural disaster, a public health emergency, a technological failure, or civil unrest, the Supreme Court assesses whether the situation prevents the court system from operating according to normal rules.
In the August 2025 incident, for example, a large-scale technical issue impacted the entire State of South Dakota network beginning on Tuesday, August 19, 2025. The network teams were actively working to resolve the issue, but the state court system’s ePayments, eCourts, and File and Serve platforms were completely offline. Some court office phones across the state were also not working. Recognizing that lawyers and litigants could not file documents electronically, could not pay fees online, and in many cases could not even reach court staff by phone, the Supreme Court acted quickly. On August 20, 2025, they issued an official order declaring a judicial emergency. The order was effective immediately but also retroactive to August 19, 2025, the day the outage began. This retroactivity is important because it protects people who attempted to file or meet deadlines on the first day of the crisis but were unable to do so because of technical problems. Once the order is issued, notice must be given to the justices of the Supreme Court, the State Court Administrator, and the presiding judges of each judicial circuit, ensuring that all court personnel understand the new procedures.
What Happens When a Judicial Emergency Is Declared
The moment a judicial emergency is declared in South Dakota, several automatic legal effects take effect, fundamentally changing how the court system operates. First and foremost, all deadlines, time schedules, due dates, and filing requirements imposed by applicable statutes, rules, and court orders are suspended until further ordered by the Court. This suspension is comprehensive and applies to everyone, from large law firms handling complex commercial litigation to individuals representing themselves in small claims cases. If you had a motion due on the day the emergency was declared, that deadline no longer exists in its original form.
If you had 30 days to respond to a complaint and day 15 fell during the emergency, the counting stops. This tolling of deadlines is perhaps the most important protection offered by a judicial emergency because it prevents the harsh consequences that typically accompany missed deadlines, such as default judgments, dismissal of cases, or waiver of appellate rights. However, the suspension of deadlines does not mean the courts are completely closed. During the August 2025 emergency, the Supreme Court made it clear that court filings and payments could still be submitted in person at clerk of courts offices, even though the electronic systems were down.
This distinction between electronic and in-person services is crucial for maintaining access to justice while protecting those who cannot access the disabled systems. The emergency also affects the Court’s internal operations. Presiding judges in each of South Dakota’s seven judicial circuits gain additional flexibility to adopt, amend, or suspend court rules or orders within their circuits to respond to the emergency. This allows for localized responses to regional problems while maintaining statewide coordination through the Supreme Court. For example, during the COVID-19 pandemic emergency that lasted from March 2020 to June 2022, different circuits implemented varying procedures for remote hearings, mask requirements, and social distancing protocols based on local conditions while operating under the umbrella of the statewide emergency declaration.
Real Examples: South Dakota Judicial Emergencies in Action
Understanding the abstract concept of a judicial emergency becomes much easier when you look at how South Dakota has actually used this tool in recent years. The state has declared judicial emergencies in two major instances recently, each teaching us different lessons about how the system responds to crisis. The first and longest-running judicial emergency in South Dakota history began on March 13, 2020, when the Supreme Court declared a statewide judicial emergency in response to the COVID-19 pandemic.
This emergency lasted for over two years, finally being rescinded on June 30, 2022. During that time, the Supreme Court entered several statewide orders that transformed how justice was administered in South Dakota. They suspended the 180-day speedy trial rule, authorized the use of interactive audio-visual devices for hearings and trials, permitted remote notarizations and depositions, modified postal procedures for serving documents, and regulated the admission of attorneys during the emergency. Presiding judges in each circuit had the authority to adopt, amend, or suspend local court rules to address the public health emergency in their respective circuits. Chief Justice Steven Jensen noted that the courts operated throughout the pandemic, prioritizing cases to be responsive to litigants’ and the public’s needs while safeguarding constitutional rights. The pandemic emergency demonstrated that South Dakota’s judicial system could be nimble and creative, using technology to maintain access to justice even when in-person proceedings were unsafe or impossible.
The second major judicial emergency occurred much more recently and for a completely different reason. On August 20, 2025, the Supreme Court declared another judicial emergency following a large-scale technical issue that affected state websites and telephone systems beginning August 19, 2025. Unlike the pandemic emergency, which unfolded gradually, the August 2025 emergency struck suddenly and without warning. A power outage at a state facility triggered the network shutdown, taking down the ePayments system, the eCourts platform, and the File and Serve system. The state court system’s website remained accessible for information, but the functional platforms for filing documents and paying fees were completely offline. Some court office phones were also not working. The impact extended beyond the judicial system to the Department of Motor Vehicles, driver’s license exam stations, vehicle registration services, birth and death records, and the state’s voter registration database. Law enforcement agencies found themselves unable to run license plate and warrant checks for most of a day. The emergency lasted only about 24 hours, with the Supreme Court rescinding the order on August 21, 2025, once all network systems were back up and operating. This brief but intense emergency showed how dependent modern court operations are on technology and how quickly the judicial system can respond when that technology fails.
What Lawyers and Litigants Should Do During an Emergency
When a judicial emergency is declared in South Dakota, whether you are a seasoned attorney or a first-time litigant representing yourself, there are specific steps you should take to protect your rights and your case. First, do not panic. The emergency is designed to protect you, not harm you. The suspension of deadlines means you will not be penalized for delays caused by the emergency itself. However, you should not simply ignore your case during this time. Start by monitoring official communications from the South Dakota Unified Judicial System.
The UJS website at ujs.sd.gov remains the authoritative source for information about the emergency, even if some systems are down. During the August 2025 emergency, the website stayed accessible even when eCourts was offline. Check this site regularly for updates on when the emergency might be lifted and what procedures you should follow. If you are working with an attorney, stay in close contact with them. They will monitor the situation and advise you on whether to attempt in-person filing at the clerk of courts’ offices or to wait for electronic systems to return.
If you are representing yourself, understand that while electronic filing may be unavailable, you can typically still file documents in person at the clerk of courts’ office. Bring multiple copies of everything you file, and get a stamped receipt showing when you submitted your documents. Document everything. Keep records of when you attempted to file electronically, any error messages you received, and when you ultimately filed in person or when systems came back online. This documentation could be important if there is ever a dispute about whether you met a deadline. Do not assume that the emergency will last for a specific duration. The COVID-19 emergency lasted over two years, while the August 2025 network emergency lasted just over a day. Each situation is unique, and the Supreme Court will rescind the order when circumstances permit, not on a predetermined schedule.
How Judicial Emergencies End
Just as important as understanding how judicial emergencies begin is knowing how they end. The South Dakota Supreme Court rescinds a judicial emergency through a formal order, just as they declared it. In the August 2025 incident, the Court rescinded the emergency on August 21, 2025, after being advised that all network systems were back up and operating. This rescission is not automatic; it requires the Court to carefully monitor current circumstances and determine that normal court operations can safely resume. Once the emergency is rescinded, the suspension of deadlines ends, but this does not mean all deadlines suddenly become due immediately.
The Supreme Court’s orders typically specify how the transition back to normal operations should work. During the COVID-19 emergency rescission, for example, the Court delayed the implementation until June 30, 2022, specifically to provide notice to litigants, attorneys, and court users that the emergency orders would become null and void after that date, giving everyone time to prepare for normal operations. After an emergency ends, there is often a period of catching up. Courts must reschedule postponed hearings, process filings that accumulated during the emergency, and address any backlog that developed.
If you had deadlines suspended during the emergency, you should receive new deadlines or guidance on when your filings are now due. If you are unsure about your specific situation, contact the clerk of courts’ office or consult with an attorney. The end of a judicial emergency marks a return to normal, but it is a transition that requires attention and care to ensure no one’s rights are compromised.
Conclusion
South Dakota’s judicial emergency system is a vital safeguard that protects the integrity of the court system and the rights of those who use it when normal operations become impossible. Whether caused by a global pandemic lasting years or a network outage lasting hours, these emergencies ensure that technical failures or public health crises do not result in the denial of justice. By suspending deadlines, allowing alternative filing methods, and giving courts flexibility to adapt to circumstances, the judicial emergency framework maintains the rule of law even in the most challenging circumstances. For anyone involved in the South Dakota court system, understanding how these emergencies work, what they mean for your case, and how to respond when they occur is essential knowledge that can protect your rights and help you navigate unexpected disruptions.
Frequently Asked Questions
What exactly is a judicial emergency in South Dakota? A judicial emergency is a formal declaration by the South Dakota Supreme Court that suspends all court deadlines, time schedules, and filing requirements due to circumstances that prevent normal court operations, such as natural disasters, public health emergencies, or technical failures.
How long does a judicial emergency typically last? There is no set duration. The COVID-19 judicial emergency lasted from March 2020 to June 2022, while the August 2025 network emergency lasted just over 24 hours. The emergency continues until the Supreme Court determines that normal operations can resume.
Does a judicial emergency mean courts are completely closed? No. While electronic filing systems may be unavailable, courts typically remain open for in-person filings at clerk’s offices. Hearings and trials may be conducted remotely or rescheduled depending on the nature of the emergency.
What happens to my court deadlines during a judicial emergency? All deadlines imposed by statutes, rules, and court orders are automatically suspended until the emergency is lifted. You cannot be penalized for missing a deadline that falls during a judicial emergency.
Can I still file court papers during a judicial emergency? Yes. During recent emergencies, the Supreme Court has specified that filings can be submitted in person at the clerk of courts’ offices even when electronic systems are down. Check the specific emergency order for current filing procedures.
Who can declare a judicial emergency in South Dakota? Only the South Dakota Supreme Court has the authority to declare a statewide judicial emergency under SDCL 16-3-11 through 16-3-15. Individual circuit presiding judges have limited authority to issue local administrative orders.
How will I know when a judicial emergency is over? The Supreme Court issues a formal order rescinding the emergency, which is posted on the Unified Judicial System website at ujs.sd.gov and distributed to court personnel. You should monitor official sources for updates.
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