COMPLAINTS
U.S. District Court for the District of South Dakota
A. Presentation.
Complaints ordinarily should be presented to a magistrate judge for review and execution, but a complaint may be presented to a district judge if no magistrate judge is available. If no federal judge is reasonably available, a complaint may be presented to a state judicial officer. 2 2/28/2025 Copies of the complaint and supporting affidavits should be delivered to the judge for his or her private review before a request is made for the judge to sign the complaint. In an emergency, the judge may waive this requirement.
B. Emergencies.
In an emergency, a magistrate judge may be contacted away from the courthouse, including at his or her home, for purposes of considering a proposed complaint. If no magistrate judge is available, a district judge may be contacted away from the courthouse, including at his or her home, for purposes of considering a proposed complaint.
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