Do I need a lawyer to apply for a court fee waiver?

No, you can fill out and file the fee waiver forms yourself. Legal aid organizations may help you for free.

If I get a fee waiver, does it cover all court costs?

In most cases, a waiver covers filing fees and other basic court costs. It may not cover costs like serving documents or appeal fees.

How long does it take to find out if my waiver is approved?

Courts usually review fee waiver requests quickly—sometimes within a few days. If urgent, ask the clerk about the timeline.

Can my landlord object to my fee waiver application?

Generally, fee waivers are decided by the judge and are not contested by the landlord. The judge may ask for extra details if needed.

What happens if my waiver is denied?

If your request is denied, the court will explain why. You may be able to provide more information or explore other payment options.

How to Get a Court Fee Waiver for Housing Cases in South Dakota

Dispute Resolution & Legal Aid South Dakota published June 21, 2025

If you're a renter in South Dakota facing housing court—such as eviction, disputes over repairs, or other landlord-tenant issues—understanding how to get a court fee waiver can be the difference between accessing justice or facing barriers. Court fees can add up quickly, but the state offers a process for renters experiencing financial hardship. This article walks you through the basics of court fee waivers, how to apply, and points you to the trusted resources renters need in South Dakota.

Understanding Court Fee Waivers in South Dakota

When you start a court case related to your rental—like fighting an eviction, challenging unsafe conditions, or another housing dispute—your local circuit court will typically require you to pay filing fees. However, if you can't afford these costs, you can request a waiver. In South Dakota, this process is known as seeking 'in forma pauperis' status, which means the court may let you proceed without paying fees if you meet certain income guidelines.

What Is the "In Forma Pauperis" Process?

"In forma pauperis" is a legal term for people who cannot afford court fees. For renters, this opens the door to court regardless of your financial situation. South Dakota’s circuit courts and magistrate courts handle most housing cases, including evictions.

The main official form you need is the Motion and Affidavit to Proceed In Forma Pauperis (UJS-305A). You can access the form on the South Dakota Unified Judicial System forms page. This form requires you to provide details about your income, expenses, household information, and the nature of your case.

When Should You Use the Fee Waiver Form?

If you’ve received an eviction notice and want to file an answer or counterclaim but can’t afford the court fees
If you want to file a complaint against your landlord for not making necessary repairs
Any time you need to start or respond to a housing-related court case and face financial hardship

Example: Imagine you lost your job and your landlord is suing to evict you for nonpayment of rent. You want to defend yourself in court, but you can’t cover the filing fees. By submitting the Motion and Affidavit to Proceed In Forma Pauperis, the court may allow you to participate without paying upfront.

How to Apply for a Court Fee Waiver in South Dakota

Applying for a fee waiver isn’t difficult, but you’ll need to gather some documentation and follow the steps closely. Here’s a quick roadmap:

Download the Motion and Affidavit to Proceed In Forma Pauperis (UJS-305A) form.
Fill in your personal and financial details honestly, including income sources, monthly expenses, and assets.
Attach any supporting documents, like pay stubs, benefit letters, or tax returns, if available.
Sign the affidavit in front of a notary public (most courts have one available) or another authorized official.
File the completed form with the court clerk at the same time as your main housing paperwork (e.g., your answer to eviction or complaint form).
The court will review your request; you may be asked to provide more details or appear for a short hearing.

If you are unsure about completing forms, court clerks can provide instructions but cannot offer legal advice. Legal aid organizations may be able to help you fill out paperwork correctly.

Which Court Handles Housing Cases in South Dakota?

In South Dakota, Circuit Courts are responsible for handling most landlord-tenant disputes, including evictions and rental disagreements. You can find your local circuit court’s contact details via the Unified Judicial System County Information page.

Relevant Forms for Renters

Motion and Affidavit to Proceed In Forma Pauperis (Form UJS-305A): Used when you need to ask the court to waive the standard filing and court fees due to financial hardship.
Access the official UJS-305A form here.
Order on Motion to Proceed In Forma Pauperis (Form UJS-305B): This is the form the judge will use to grant or deny your request; you do not need to fill it out, but you may see it in your case file.
See the UJS-305B order form.

Always use official court forms and submit them to your local circuit court. These forms are updated regularly—be sure to use the newest version.

South Dakota’s Landlord-Tenant Laws

For more on your rights and responsibilities as a renter, see the South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant¹. This is the main law protecting both landlords and renters throughout the state.

FAQ: South Dakota Court Fee Waivers for Renters

Do I need a lawyer to apply for a court fee waiver?
No, you can fill out and file the fee waiver forms yourself. Legal aid organizations may help you for free.
If I get a fee waiver, does it cover all court costs?
In most cases, a waiver covers filing fees and other basic court costs. It may not cover costs like serving documents or appeal fees.
How long does it take to find out if my waiver is approved?
Courts usually review fee waiver requests quickly—sometimes within a few days. If urgent, ask the clerk about the timeline.
Can my landlord object to my fee waiver application?
Generally, fee waivers are decided by the judge and are not contested by the landlord. The judge may ask for extra details if needed.
What happens if my waiver is denied?
If your request is denied, the court will explain why. You may be able to provide more information or explore other payment options.

Conclusion: Key Takeaways for South Dakota Renters

If you can’t afford housing court fees in South Dakota, ask for a waiver using official forms.
Use the Motion and Affidavit to Proceed In Forma Pauperis (UJS-305A) and file it right away with your court paperwork.
Check all forms and details on the South Dakota Unified Judicial System website for up-to-date procedures.

Know that financial hardship shouldn’t prevent you from resolving a housing dispute or defending your rights as a tenant in South Dakota.