South Dakota Jury Duty Laws: Pay, Exemptions and Employer Rules

South Dakota state-court jury service is governed by chapter 16-13 of the South Dakota Codified Laws. A juror receives $50 for each day's attendance at circuit or magistrate court plus mileage, while a juror called but not impaneled receives a $10 appearance fee plus mileage (SDCL § 16-13-46).

No one may discharge or suspend an employee for serving as a juror (SDCL § 16-13-41.1), but the leave may be paid or unpaid at the employer's discretion. A person 80 or older may ask to be excused, and the judge decides.

Information last verified on October 7, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers jury service in South Dakota state courts (circuit and magistrate courts). A summons from the U.S. District Court for the District of South Dakota follows federal law, summarized on our jury duty laws by state hub.

Do you have to serve? The short answer

Yes, if you are eligible, unless you fall within one of the few exemptions or the presiding judge excuses you. South Dakota's statute lists no general hardship grounds. Instead, the Unified Judicial System says: "Any person wishing to be excused from jury service must submit a written request to the clerk of courts office for review by the court. You must receive permission from the presiding judge of the court to be excused" (South Dakota UJS, For Jurors).

To see which route might fit your situation before you contact the court, try our jury duty exemption checker.

Who can serve on a jury in South Dakota

SDCL § 16-13-10 says: "Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror."

Two details matter. The age rule looks to January 1, so a person who turns 18 partway through a year is not yet eligible for that year's service. The statute states no minimum length of residence. It also says "No potential juror may be excluded from jury duty because of a visual or hearing impairment."

Officers and employees of a state correctional facility are exempt from serving on juries in any state court (SDCL § 24-1-12). The court system's page describes penitentiary employees as not eligible.

Felony convictions

"Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror" (SDCL 16-13-10). The bar is tied to civil rights, not permanent on its face.

South Dakota's general civil-rights statute, SDCL § 23A-27-35, says "A sentence of imprisonment in a state correctional facility for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury." For a suspended sentence, the rights are restored when the time of the original sentence, or the time extended by the court, ends. For a prison sentence, an inmate discharged from the sentence is "considered as restored to the full rights of citizenship" at the time of discharge and receives a certificate from the Secretary of Corrections, including when the inmate is on parole at the time the inmate becomes eligible for discharge; a copy goes to the clerk of court in the sentencing county (SDCL § 24-5-2). Restoration is tied to discharge from the sentence, so if you are unsure whether you have been discharged, ask the clerk of courts before answering the questionnaire.

Exemptions and excuses in South Dakota

Age: the 80-and-over excuse

"Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person's request to be relieved from jury duty, balancing the request with the need to impanel a jury" (SDCL § 16-13-10.3).

This is not an automatic exemption, and the judge can deny it. According to the UJS Juror Handbook, you check the "Qualifying Age Reason" box on the Confidential Juror Qualification Form and return it with the questionnaire to the Clerk of Court, who notifies you of the decision by mail. The statute does not say whether a granted excuse covers future years, so you may need to ask again if summoned again.

Breastfeeding mothers and new parents

Under SDCL § 16-13-10.4, a parent of a child expected to be born during, or immediately before, the scheduled jury duty, or a mother breastfeeding a baby younger than one year, "may submit a written request for an exemption from jury duty to the clerk of court within ten days of receiving the summons for jury duty."

The statute then says "A parent who gives written notice shall be exempt from jury duty if the baby is less than six weeks old. A mother shall be exempt from jury duty if she is breastfeeding a baby younger than one year." Watch the ten-day window, which runs from the day you receive the summons.

Religious exemption

Under SDCL 16-13-10, "Any member of the clergy, as defined in § 19-19-505, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization."

The court system's page puts it this way: "Clergy may be exempt from jury service when it conflicts with their religious beliefs."

Recent jury service

"A person has served as a juror if that person has been summoned and appeared for a trial." If anyone on the list "has served as a juror within two preceding years, the clerk of courts shall strike the name from the list" (SDCL § 16-13-15). This is applied by the clerk from records, not by request, but if you are summoned and believe you served in the last two years, tell the clerk.

Other excuses: the judge decides

Chapter 16-13 contains no statutory medical, caregiver, student, public-official or first-responder ground. Those requests go to the presiding judge through a written request to the clerk of courts. For students, the court's page says only to contact your local clerk of courts office.

Military service members

Members of the South Dakota State Guard (a state force separate from the National Guard) are exempt from jury duty (SDCL § 33-14-16). We found no South Dakota statute exempting National Guard members, so a Guard member who cannot serve should ask the clerk for an excuse. Federal law separately says an active-duty member of the armed forces may not be required to serve on a state or local jury if the member's branch Secretary determines that service would unreasonably interfere with military duties or adversely affect unit readiness, and that determination is conclusive (10 U.S.C. § 982).

Postponing your service

Chapter 16-13 contains no postponement provision and no limit on postponements. The court system says: "Unavailable dates can be entered within the online questionnaire form or you may contact your local clerk of courts office to advise of dates you are unavailable. You may be asked to provide written verification."

How much does jury duty pay in South Dakota?

SDCL § 16-13-46 says: "Each juror for each day's attendance upon the circuit court or the magistrate court shall receive fifty dollars, and mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled, to be paid by the county. However, any juror called but not impaneled shall receive an appearance fee of ten dollars."

Under SDCL 3-9-1, the maximum mileage rate is 51 cents a mile or the IRS standard business mileage rate as of October 1 each year, whichever is greater. The $0.76 figure comes from the court system's October 2026 Juror Handbook and may change after each October 1 reset. The $50 daily rate is one statewide figure, not set county by county.

South Dakota employer rules for jury duty

Job protection

SDCL § 16-13-41.1 says: "No person shall discharge any employee or suspend any employee from his employment for serving as a juror in any court in the State of South Dakota. Any person violating this section is guilty of a Class 2 misdemeanor."

A Class 2 misdemeanor carries up to 30 days in county jail, a $500 fine, or both (SDCL 22-6-2). The section has no notice requirement and no employer-size limit. It names discharge and suspension only; threats, demotion or other discipline short of suspension are not mentioned.

The section states no civil lawsuit, back-pay or reinstatement remedy for the employee. If you were fired or suspended for jury service, report it and talk to a South Dakota employment lawyer about your options. For background, see our page on South Dakota at-will employment laws.

Does your employer have to pay you?

South Dakota's jury statute does not require private employers to pay you while you serve. Under SDCL § 16-13-41.2, "Any employee serving as provided in § 16-13-41.1 shall retain and be entitled to the same job status, pay, and seniority as he had prior to performing jury duty. Such temporary leave of absence while performing jury duty may be with or without pay within the discretion of the employer."

In other words, you return to the same job, pay rate and seniority, but whether you are paid for the days away is up to your employer. Chapter 16-13 says nothing about using vacation or sick leave or about shift work.

State employees

State employees covered by the state's personnel leave rules have a separate rule. "If an employee is summoned to serve on a jury, the employee shall receive the employee's regular salary without loss of leave credits and the per diem and mileage provided for by SDCL 16-13-46. An employee summoned either as a witness or a juror shall notify the employee's supervisor at once" (S.D. Admin. R. 55:09:04:09).

That rule covers state employees under the Bureau of Human Resources rules. Local government and school employees should check their own leave rules.

What happens if you miss jury duty in South Dakota

If you do not sign and return the acceptance of the jury notice within fifteen days, the sheriff may serve you in person, and the sheriff's fee is deducted from your juror compensation (SDCL 16-13-35). Once summoned, a juror "shall appear before the court on the day and at the hour specified in the summons and shall not depart without leave of court" (SDCL 16-13-41).

The penalty is in SDCL § 16-13-45. A person summoned as a grand or petit juror who fails, refuses or neglects to appear, willfully fails to complete and return the jury questionnaire, or, having appeared, fails without good cause to attend as the court requires, "is guilty of contempt of the court and may be fined by the court in any sum not less than fifty nor more than five hundred dollars."

If a second order of attachment issues and the person again neglects or refuses to appear, the court may impose that fine and imprisonment of "not longer than ten days in the county jail." Chapter 16-13 contains no separate penalty for a false statement on the juror questionnaire, but answer it truthfully.

How long jury duty lasts in South Dakota

No statute sets a statewide term of service. Each county's master jury list is compiled each year for the following calendar year (SDCL 16-13-1). The presiding judge of each circuit prescribes how jury panels are used and summoned in the circuit's counties (SDCL 16-13-37), so the length of your term depends on your county's practice.

The clerk mails a notice "at least sixty days prior to the time the juror is to serve," and you must sign the acceptance, answer any enclosed questionnaire, and return it by mail or respond electronically on the court's juror website "within ten days after receipt" (SDCL 16-13-34). The UJS Juror Handbook says a grand jury is made up of six to ten citizens drawn from the county master list.

How to respond to a South Dakota jury summons

South Dakota's Unified Judicial System runs a statewide juror page, a juror handbook and an online juror portal.

1. Answer the questionnaire within ten days. You may "Complete the paper form and return to the clerk of courts office as instructed" or "Complete online form electronically on the UJS Jurors website" at ujsjurors.sd.gov. You log in with the juror number and security code from your summons, and you need a mySD account. Do one or the other, not both.
2. Claim any exemption on time. For the age-80 excuse, check the Qualifying Age Reason box. For the breastfeeding or new-parent exemption, send the written request within ten days of receiving the summons.
3. Ask to be excused or list unavailable dates. Send a written request to the clerk of courts in the county that summoned you, or enter unavailable dates in the online questionnaire. The UJS court finder lists clerk contacts.
4. Report as summoned until the court tells you a request was granted.

Watch for jury duty scam calls

The Unified Judicial System warns that "South Dakota courts and law enforcement will NEVER: Threaten a person or demand money over the phone or in a text message for failing to appear for jury duty or for not paying a traffic ticket." They also never require immediate payment by cryptocurrency or payment apps, and never ask for sensitive information by phone, text or email (South Dakota UJS, Court Scams).

The court system advises hanging up and contacting your local clerk of courts or law enforcement agency directly. It lists the Attorney General's Consumer Protection Division (1-800-300-1986, consumer.sd.gov) and the FTC for reporting. Our guide to government impersonation scams explains how these schemes work, and our page on South Dakota scam and fraud laws covers your options.

Disclaimer: This page is general legal information about South Dakota state-court jury service, not legal advice. The court that summoned you decides every excuse and exemption request. Information verified October 7, 2026. For questions about your summons, contact the clerk of courts listed on it; for an employment dispute, consult a lawyer licensed in South Dakota.

Related pages

• Jury duty laws by state
• South Dakota at-will employment laws
• South Dakota court records
• South Dakota scam and fraud laws
• Minnesota jury duty laws
• Iowa jury duty laws

Last updated: October 7, 2026.

Frequently Asked Questions

How much does jury duty pay in South Dakota?

Jurors receive $50 for each day's attendance plus mileage, paid by the county, and a juror called but not impaneled receives a $10 appearance fee plus mileage (SDCL 16-13-46). The court system currently lists mileage at $0.76 a mile, round trip.

Can I get out of jury duty in South Dakota if I am over 80?

You may ask. A person 80 or older may request to be excused, and the judge gives the request substantial weight while balancing the need to impanel a jury (SDCL 16-13-10.3). It is not automatic.

Does my employer have to pay me for jury duty in South Dakota?

South Dakota's jury statute does not require private employers to pay you; the leave may be with or without pay at the employer's discretion (SDCL 16-13-41.2). State employees covered by the state's personnel leave rules receive regular salary (S.D. Admin. R. 55:09:04:09).

Can I be fired for jury duty in South Dakota?

No person may discharge or suspend an employee for serving as a juror, and a violation is a Class 2 misdemeanor (SDCL 16-13-41.1). You also keep the same job status, pay and seniority (SDCL 16-13-41.2).

Can breastfeeding mothers get out of jury duty in South Dakota?

Yes, on request. A mother breastfeeding a baby younger than one year is exempt if she submits a written request to the clerk of court within ten days of receiving the summons (SDCL 16-13-10.4).

What happens if I miss jury duty in South Dakota?

Failing to appear, or willfully failing to return the jury questionnaire, is contempt of court with a fine of $50 to $500, and up to ten days in jail can be added after a second order of attachment (SDCL 16-13-45).

Can a felon serve on a jury in South Dakota?

A person convicted of a felony is not eligible unless restored to civil rights (SDCL 16-13-10). Imprisonment suspends the right to serve on a jury (SDCL 23A-27-35), and an inmate discharged from a prison sentence is restored to the full rights of citizenship at discharge (SDCL 24-5-2). If you are unsure of your status, ask the clerk.

How often can I be called for jury duty in South Dakota?

A person who served as a juror within the two preceding years is struck from the list by the clerk (SDCL 16-13-15). Serving means being summoned and appearing for a trial.