15-15A-3. Definition of terms.(1) 'Court record' includes any document, information, or other thing that is collected, received or maintained by a clerk of court in connection with a judicial proceeding. 'Court record' does not include other records maintained by the public official who also serves as clerk of court or information gathered, maintained or stored by a governmental agency or other entity to which the court has access but which is not part of the court record as defined in this section.(2)Information in a court record 'in electronic form' includes information that exists as: (a) electronic representations of text or graphic documents; (b) an electronic image, including a video image, of a document, exhibit or other thing; or (c) data in the fields or files of an electronic database.(3)'Public access' means that the public may inspect and obtain a copy of the information in a court record unless otherwise prohibited by statute, court rule or a decision by a court of competent jurisdiction. The public may have access to inspect information in a court file upon payment of applicable fees.(4)'Remote access' means the ability to electronically search, inspect, or copy mpetent jurisdiction. The public may have access to inspect information in a court file upon payment of applicable fees.(4)'Remote access' means the ability to electronically search, inspect, or copy information in a court record without the need to physically visit the court facility where the court record is maintained. Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
South Dakota Legal Code