Are Autopsy Reports Public in South Dakota? (2026)

South Dakota autopsy reports are generally not public records. The South Dakota Attorney General has formally concluded that a coroner-requested autopsy report is exempt from the state open records laws, so the general public cannot pull one. Next of kin and authorized representatives may request a copy from the county coroner's office, often after any law enforcement investigation closes.

Are Autopsy Reports Public in South Dakota?

No. In South Dakota, autopsy reports are generally not open public records. The South Dakota Attorney General addressed this directly in Official Opinion No. 19-02, concluding that a report of an autopsy requested by a county coroner is exempt from the state open records laws.

The opinion rests primarily on SDCL 1-27-1.5(2), the medical records exemption, which the Attorney General found applies to an autopsy report prepared by or at the request of a coroner. The opinion also points to the law enforcement records exemption in SDCL 1-27-1.5(5) and confidential criminal justice information under SDCL 23-5-11 where the report is part of a criminal investigation. Because the report is treated as a medical and investigative record, it falls outside what the public may inspect.

This is different from many vital records. A South Dakota death certificate carries defined access rules for certified copies, but the underlying autopsy and toxicology report is treated as investigative material rather than a routine public file.

For the broader national picture on how states handle these records, see our overview on whether Are Autopsies Public Records?

Who Performs Autopsies in South Dakota?

South Dakota uses a county coroner system. There is no statewide medical examiner office. Instead, each county has its own coroner. Under SDCL 7-7-1.1 the coroner is an elected county officer serving a four-year term. SDCL 7-7-1.4 also lets the board of county commissioners in any county adopt an appointment option by resolution, in which case the appointed coroner serves at the pleasure of that board. There is no population threshold on that option, but the board must adopt the resolution by the April 1 preceding the coroner election, and an appointment cannot take effect until the term of a sitting elected coroner expires.

The coroner's job is to investigate certain deaths and determine the cause and manner of death when it is in the public interest. Under SDCL 23-14-18, those deaths include violent, sudden, or unexplained deaths, deaths of people in custody, deaths that pose a public health hazard, and natural deaths where no physician was attending.

An autopsy itself is not automatic. Under SDCL 23-14-9.1, a state's attorney, sheriff, or coroner who has reason to believe a person died by unlawful means may order an autopsy. The coroner may also order one when a death falls within an investigated category and an examination serves the public interest.

When a death looks non-natural, the coroner refers it to law enforcement for further investigation. That referral is what often pulls the autopsy report into the law enforcement exemption.

Who Can Request a South Dakota Autopsy Report?

The people most likely to obtain a copy are the next of kin and authorized representatives of the deceased, not the general public. Because the report is exempt from open records, a stranger or a member of the press generally has no right to inspect it.

Family members typically request the report through the county coroner's office that handled the case. Some offices also coordinate with the county state's attorney when the death was part of a criminal or law enforcement file.

If you are an attorney, insurer, or other party with a legitimate interest, you usually need authorization tied to the estate or next of kin, or a court order, rather than a simple open-records request.

Keep in mind that the access rules for an autopsy report differ from the access rules for a death certificate. Under SDCL 34-25-52, Vital Records issues a certified death certificate to a defined list of family members and authorized parties, and issues an informational copy to any applicant, while the autopsy report stays with the coroner's investigative file.

How to Get an Autopsy or Toxicology Report in South Dakota

Start with the county coroner's office in the county where the death occurred or where the body was examined. South Dakota has no central state repository for autopsy reports, so the request goes to the local office rather than a statewide agency.

When you contact the office, be ready to provide the decedent's full name, date of death, county of death, and proof of your relationship or authority as next of kin. You may need to complete a written request or release form supplied by that county.

There is no single statewide fee. Each coroner office sets its own charges for copying the autopsy report and any separate toxicology report, so confirm the cost before you submit. Processing time also varies by county and by the complexity of the case.

Expect a hold on any case that is still open. If the death was referred to law enforcement and the investigation is active, the report can be withheld until that case is resolved. Toxicology results can also add weeks, since samples are sent to a laboratory and the final report is not complete until those results return.

Autopsy Report vs Death Certificate in South Dakota

These are two different documents. A death certificate is the official vital record of the death, and it lists a short cause-of-death line completed by the attending physician or, in coroner cases, by the coroner. Under SDCL 34-25-52, the South Dakota Department of Health, Vital Records, issues certified copies to the registrant's spouse, children, parents, guardian, next of kin, or authorized representative, and issues informational copies to any applicant.

An autopsy report is the detailed forensic examination performed by or for the coroner. It explains findings, organ-by-organ observations, and the reasoning behind the cause and manner of death, and it is treated as exempt investigative material.

If you only need to settle an estate, claim a benefit, or close accounts, the death certificate is usually the document you need. The full autopsy report is a separate, more restricted record, and it is generally available only to next of kin or authorized representatives.

Disclaimer: This page provides general information about South Dakota autopsy and coroner records and is not legal advice. Rules, fees, and access can change and vary by county. Always confirm the current process with the county coroner's office or the South Dakota Department of Health before you rely on it.

Sources

This page relies on South Dakota Codified Laws and the South Dakota Attorney General's official opinion, plus federal CDC reference material on the state coroner system; verify current procedures with the South Dakota Death Records office and the statewide Death Records by State hub.