Statute of Limitations SD- Summary
South Dakota’s statute of limitations establishes a deadline before which civil cases – such as lawsuits – must be filed in the state. In relation to criminal charges, it also prevents prosecutors from charging an individual with a crime after a specified period of time has passed. The statutes of limitations for different civil actions and crimes can vary from state to state, so read on for more information about how they apply in South Dakota.
South Dakota Civil Statute of Limitations
South Dakota’s civil statute of limitations sets deadlines under which lawsuits and other civil actions must be filed in the state. These limits can range from two – twenty years, depending on the type of case or procedure. The date or discovery of an incident is usually when time starts counting down.
Be aware that if you fail to file your civil claim before the established deadline, the opposing party can use the statute of limitations in their defense and file a motion to dismiss the case on the basis that the time allotted to file it has already passed. Any legal claim will be lost forever once your case is dismissed.
A summary of civil statutes of limitations in South Dakota:
|Injury to Person||3 yrs. 15-2-15(1)|
|Libel and Slander||2 yrs. 15-2-15(1)|
|Fraud||6 yrs. 15-2-13(6)|
|Injury to Personal Property||6 yrs. 15-2-13(4)|
|Professional Malpractice||Medical: 2 yrs. 15-2-14.1|
Legal: 3 yrs. 15-2-14.2
CPA: 4 yrs. 15-2-14.4
|Trespass to Real Estate||6 yrs. 15-2-13(3)|
|Collection of Rents||–|
|Contracts||6 yrs. 15-2-6; Oral: 15-2-13|
|Collection of Debt on Account||–|
|Court Judgments||Domestic judgments: 20 yrs. 15-2-6|
Foreign judgments: 10 yrs. 15-2-8
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a South Dakota attorney or doing legal research of your own to verify the state law(s) you’re researching.
South Dakota Criminal Statute of Limitations
South Dakota’s criminal statute of limitations sets time limits on the filing of criminal charges in the state, but there is no deadline for crimes considered especially heinous, including murder and any felony that falls under Class A, B, or C. All other public offenses, including felonies and misdemeanors, must be prosecuted within seven years.
A summary of criminal statutes of limitation in South Dakota:
|Code Section||SDLRC – Codified Law 23A-42-1, et seq.|
|Felonies||Murder; Class A, B, and C felonies: none. |
Other felonies: 7 yrs.
|Acts During Which Statute Does Not Run||If the accused is not a resident of the state.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a South Dakota attorney or doing legal research of your own to verify the state law(s) you’re researching.
More South Dakota Laws