{"id":376296,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-civil-statute-of-limitations-laws.html"},"modified":"2025-05-29T12:28:31","modified_gmt":"2025-05-29T17:28:31","slug":"south-dakota-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-civil-statute-of-limitations-laws.html","title":{"rendered":"South Dakota Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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South Dakota Statute of Limitations<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When can you file a lawsuit? It’s a simple question that can make or break a case. Every state places a time limit on bringing a civil lawsuit<\/a>, and plaintiffs who don’t file in time risk having their cases thrown out. While these time limits are usually simple and straightforward, you might be surprised how often they can prematurely end a lawsuit.<\/p>\r\n

Here’s a summary of civil statutes of limitations in South Dakota.<\/p>\r\n

What Is a Statute of Limitations?<\/b><\/h2>\r\n

The time limit on bringing a lawsuit is known as the \u201cstatute of limitations." The idea behind them is simple: a plaintiff who doesn’t file a lawsuit within the given period of time probably doesn’t have a strong case. Defendants also benefit from knowing when a lawsuit can arise. A reduction in cases involving stale claims is a boon for the court system.<\/p>\r\n

Most states have different statutes of limitations depending on the cause of action. For example, cases alleging fraud<\/a> (which is often difficult to detect) may have a longer time period, while cases involving personal injury<\/a> may have a shorter one. Court-made rules for pausing, or \u201ctolling," affect the statutes of limitations as well. Tolling most often occurs when a prospective plaintiff doesn’t discover they have a cause of action or is otherwise unable to bring a case.<\/p>\r\n

South Dakota Civil Statutes of Limitations: Recap<\/b><\/h2>\r\n

South Dakota’s civil statute of limitations period varies depending on the tort. There are exceptions for different types of actions. The following table provides a quick summary of the South Dakota statutes of limitations for civil actions:<\/p>\r\n\r\n

Injury to Person<\/p>\r\n<\/b><\/th>\r\n

Three years (S.D.C. \u00a7 15-2-14(3)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Libel and Slander<\/p>\r\n<\/b><\/th>\r\n

Two years (S.D.C. \u00a7 15-2-15(1)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Fraud<\/p>\r\n<\/b><\/th>\r\n

Six years (S.D.C. \u00a7 15-2-13(6)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Injury to Personal Property<\/p>\r\n<\/b><\/th>\r\n

Six years (S.D.C. \u00a7 15-2-13(4)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Professional Malpractice<\/p>\r\n<\/b><\/th>\r\n

Trespass to Real Estate<\/p>\r\n<\/b><\/th>\r\n

Six years (S.D.C. \u00a7 15-2-13(3)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Collection of Rents<\/p>\r\n<\/b><\/th>\r\n

Six years for oral or written contracts (S.D.C. \u00a7 15-2-13<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Contracts<\/p>\r\n<\/b><\/th>\r\n

Six years for oral or written contracts (S.D.C. \u00a7 15-2-13<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please <\/i>consult an attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Related Resources for Civil Statute of Limitations Laws<\/b><\/h2>\r\n