U.S. Code » Title 28 » Part PART I— ORGANIZATION OF COURTS › Chapter CHAPTER 5— DISTRICT COURTS

28 U.S.C. § 122

South Dakota

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South Dakota constitutes one judicial district comprising four divisions.(1) The Northern Division comprises the counties of Brown, Campbell, Clark, Codington, Corson, Day, Deuel, Edmonds, Grant, Hamlin, McPherson, Marshall, Roberts, Spink, and Walworth.

Court for the Northern Division shall be held at Aberdeen.

(2) The Southern Division comprises the counties of Aurora, Beadle, Bon Homme, Brookings, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, Kingsbury, Lake, Lincoln, McCook, Miner, Minnehaha, Moody, Sanborn, Turner, Union, and Yankton.

Court for the Southern Division shall be held at Sioux Falls.

(3) The central division comprises the counties of Buffalo, Dewey, Faulk, Gregory, Haakon, Hand, Hughes, Hyde, Jerauld, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, Tripp, and Ziebach.

Court for the Central Division shall be held at Pierre.

(4) The Western Division comprises the counties of Bennett, Butte, Custer, Fall River, Harding, Jackson, Lawrence, Meade, Pennington, Perkins, and Shannon.

Court for the Western Division shall be held at Deadwood and Rapid City.

(June 25, 1948, ch. 646, 62 Stat. 889; Pub. L. 89–638, Oct. 10, 1966, 80 Stat. 883; Pub. L. 92–376, Aug. 10, 1972, 86 Stat. 529; Pub. L. 101–650, title III, § 324(b), Dec. 1, 1990, 104 Stat. 5120.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 187 (Mar. 3, 1911, ch. 231, § 106, 36 Stat. 1123; June 11, 1932, ch. 242, 47 Stat. 300).

A provision relating to maintenance of offices by the clerk was omitted as covered by sections 452 and 751 of this title.

Provisions that the Northern Division included Lake Traverse Indian Reservation and that part of Standing Rock Indian Reservation lying in South Dakota; that the Southern Division included the Yorkton Indian Reservation; that the Central Division included the Cheyenne River, Lower Brule, and Crow Creek Indian Reservations; and that the Western Division included Rosebud and Pine Ridge Indian Reservations, were all omitted as surplusage. (See Reviser’s Note under section 114 of this title.)

Changes in arrangement and phraseology were made.

Editorial NotesAmendments

1990—Par. (3). Pub. L. 101–650, § 324(b)(1), struck out “Jackson,” after “Hyde,”.

Par. (4). Pub. L. 101–650, § 324(b)(2), inserted “Jackson,” after “Harding,” and substituted “and Shannon” for “Shannon, Washabaugh, and Washington”.

1972—Par. (2). Pub. L. 92–376, § 1(a), removed Gregory County from the Southern Division.

Par. (3). Pub. L. 92–376, § 1(b), added Gregory, Mellette, Todd, and Tripp counties to the Central Division and removed Armstrong county from the Central Division.

Par. (4). Pub. L. 92–376, § 1(c), removed Mellette, Todd, and Tripp counties from the Western Division.

1966—Pub. L. 89–638 provided for holding court at Rapid City.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1973–2025 · leading case: Atlas Automation, Inc. v. Jensen, Inc. (In Re Atlas Automation, Inc.)
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Atlas Automation, Inc. v. Jensen, Inc. (In Re Atlas Automation, Inc.) (1984) mieb “28 U.S.C. § 122 (b). However, 28 U.S.C. § 1334 (c)(1), which re-codified 28 U.”
In Re Oklahoma Department of Transportation (2003) okla “Further, the GARVEE notes will not constitute a commitment, guarantee, or obligation on the part of the United States as provided in 28 U.S.C. § 122 . [22 No future state appropriation will be required to retire the GARVEE notes.”
Cooper v. Coronet Insurance Co. (In re Boughton) (1985) ilnb “28 U.S.C. § 122 (b) (Supp.1984) Coronet points out that there is some question as to whether the provision applies so long as the adversary proceeding was filed after July 10, 1984; or, whether both the bankruptcy case and the related adversary proceeding must be filed after…”
Matter of Boughton (1985) ilnb “[4] The mandatory abstention provision was one of two sections contained in the 1984 Bankruptcy Amendments and Federal Judgeship Act which did not apply to all cases as of the date of enactment, July 10, 1984. (The other provision was one relating to the availability of jury…”
United States v. White Lance (1979) sdd “First, the lines of the Divisions in this District were drawn by Congress, 28 U.S.C. § 122 , and it is doubtful that they can be altered by a vote of the residents of the counties.”
State Tax Commission v. Oliver's Laundry & Dry Cleaning Co. (1973) arizctapp “505 , 28 U.S.C. § 122 (b)(2)(C), 26 U.S.C.A. § 122 (b)(2)(C).”
Boyd v. Deadwood Tobacco Company (2025) sdd “Under 28 U.S.C. § 122 , the western division—this Court—comprises Lawrence County.”
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