South Dakota Statute of Limitations

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed May 29, 2025

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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, 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.

Here's a summary of civil statutes of limitations in South Dakota.

What Is a Statute of Limitations?

The time limit on bringing a lawsuit is known as the “statute 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.

Most states have different statutes of limitations depending on the cause of action. For example, cases alleging fraud (which is often difficult to detect) may have a longer time period, while cases involving personal injury may have a shorter one. Court-made rules for pausing, or “tolling," 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.

South Dakota Civil Statutes of Limitations: Recap

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:

Injury to Person

Three years (S.D.C. § 15-2-14(3))

Libel and Slander

Two years (S.D.C. § 15-2-15(1))

Fraud

Six years (S.D.C. § 15-2-13(6))

Injury to Personal Property

Six years (S.D.C. § 15-2-13(4))

Professional Malpractice

Trespass to Real Estate

Six years (S.D.C. § 15-2-13(3))

Collection of Rents

Six years for oral or written contracts (S.D.C. § 15-2-13)

Contracts

Six years for oral or written contracts (S.D.C. § 15-2-13)

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 consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for Civil Statute of Limitations Laws

Get Help With Your Civil Claim From a South Dakota Attorney

Whether you’re considering filing a slip-and-fall claim or a medical malpractice case, a skilled South Dakota attorney can help identify the specific legal issue and conduct a thorough case evaluation to determine the right course of action within South Dakota's applicable time limits. This approach can help maximize the compensation you’re entitled to by law.

If you have a personal injury claim that requires legal attention, contact a South Dakota personal injury lawyer as soon as possible.

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