CHAPTER 132
(HB 1093)
Declaration and administration of judicial emergencies.
ENTITLED, An Act to
provide for the declaration and administration of certain judicial
emergencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That chapter
16-3
be amended by adding thereto a NEW SECTION to read as
follows:
A judicial emergency may be declared to exist if an emergency or natural disaster substantially
endangers or infringes upon the normal functioning of the judicial system, the ability of persons
to avail themselves of the judicial system, the ability of litigants or others to have access to the
courts, or to meet schedules or time deadlines imposed by court order or rule, statute, or
administrative rule.
Section
2.
That chapter
16-3
be amended by adding thereto a NEW SECTION to read as
follows:
The Supreme Court may declare the existence of a judicial emergency, which shall be done by
order. The order shall state:
(1) The jurisdictions affected by the order;
(2) The nature of the emergency necessitating the order;
(3) The period or duration of the judicial emergency; and
(4) Notwithstanding the provisions of
§
16-6-16, any other information relevant to the
suspension or restoration of court operations.
An order issued under this section takes effect immediately upon its issuance and may have
retroactive effect to the extent specifically provided.
Section
3.
That chapter
16-3
be amended by adding thereto a NEW SECTION to read as
follows:
If the emergency or natural disaster makes access to the office of the clerk of court or a
courthouse impossible or impractical, the order declaring the judicial emergency may designate
another facility, which is reasonably accessible and appropriate, for the business of the court.
Section
4.
That chapter
16-3
be amended by adding thereto a NEW SECTION to read as
follows:
An order declaring a judicial emergency may suspend, toll, extend, or otherwise grant relief
from deadlines, time schedules, or filing requirements imposed by otherwise applicable statutes,
rules, or court orders, whether in civil cases, criminal cases, administrative matters or any other
legal proceedings as determined necessary. The days covered by a judicial emergency order are
deemed a holiday for time computation under the rules of civil procedure.
Section
5.
That chapter
16-3
be amended by adding thereto a NEW SECTION to read as
follows:
Upon the issuance of a judicial emergency order, or any modification or extension of such an
order, notice shall be given to the justices of the Supreme Court, the clerk of the Supreme Court,
the judges and clerks of the court for the affected jurisdictions, litigants, attorneys and the public.
Notice may be provided by whatever means is reasonably calculated to reach such persons under
the circumstances and may, without limitation, include mailing, publication in newspapers of local
or statewide circulation, posting of written notices at courthouses or other public gathering sites,
transmittal by facsimile or e-mail, or announcement on television, radio, or public address systems.
Signed March 2, 2007