South Dakota Statutes of Limitations
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By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed May 28, 2025
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Almost every state, including South Dakota, has statutes of limitations for both civil claims and criminal charges. There are a few exceptions. For instance, South Carolina doesn't have criminal statutes of limitations.
These statutes define the time period within which a cause of action must be initiated. They apply to civil lawsuits and criminal complaints. These state laws vary depending on the type of claim or criminal charge. Some serious crimes, such as murder, have no time limits.
While states enact these statutes, the federal government and the Supreme Court play key roles in ensuring these laws comply with constitutional standards. The purpose of these time restrictions is to protect the integrity of evidence. These limits also help prevent potential plaintiffs from indefinitely threatening others with lawsuits.
This article will examine how South Dakota law addresses civil and criminal statutes of limitations.
How South Dakota Civil Statutes of Limitations Work
Every potential plaintiff and defendant in South Dakota should be aware of the state's civil statutes of limitations. These laws limit the amount of time available to file a civil lawsuit, which ranges from two to six years.
These statutes cover a wide range of legal issues and apply to personal injury claims, disputes involving real estate, medical malpractice, and other civil matters. Understanding these time limits is crucial for ensuring your case is filed within the appropriate period.
For a deeper examination of the specific time limits for civil actions in South Dakota, take a look at FindLaw’s article on South Dakota Civil Statutes of Limitations.
How South Dakota Criminal Statutes of Limitations Work
South Dakota's statutes of limitations for criminal cases define the amount of time law enforcement and prosecutors have to file formal charges for a crime. These time limits vary by offense.
There are shorter periods for misdemeanors and longer or even no limits for serious crimes. Certain offenses may have an exemption from these time limits. Crimes involving or occurring on American Indian reservations may involve unique considerations under federal and tribal law.
To learn more about how much time the government has to file charges for specific crimes in South Dakota, read FindLaw’s article on South Dakota Criminal Statutes of Limitations.
Need Legal Advice on South Dakota’s Statutes of Limitations? Speak With an Attorney
Meeting with a lawyer can help you understand your options and how to best protect your rights. An attorney can explain the specific time limits that apply to your case and ensure all necessary deadlines are met. They can also guide you through the legal process and answer any questions you may have. Consider consulting with a South Dakota attorney near you to get the assistance you need.