South Dakota Statute of Limitations
Time limits for filing civil lawsuits in South Dakota. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.
Data last updated: Apr 16, 2026Key Takeaways
- Written Contracts: 6 years (S.D. Codified Laws § 15-2-13).
- Oral Contracts: 6 years (S.D. Codified Laws § 15-2-13).
- Personal Injury: 3 years (S.D. Codified Laws § 15-2-14).
- Property Damage: 6 years (S.D. Codified Laws § 15-2-13).
South Dakota Statute of Limitations by Claim Type
| Claim Type | Time Limit | Statute | Notes |
|---|---|---|---|
| Written Contracts | 6 years | S.D. Codified Laws § 15-2-13 | Accrues on the date of breach. |
| Oral Contracts | 6 years | S.D. Codified Laws § 15-2-13 | Same period as written contracts. |
| Personal Injury | 3 years | S.D. Codified Laws § 15-2-14 | Accrues on the date of injury. |
| Property Damage | 6 years | S.D. Codified Laws § 15-2-13 | Accrues when damage occurs. |
| Medical Malpractice | 2 years | S.D. Codified Laws § 15-2-14.1 | 2 years from the act or from discovery of the injury. |
| Debt Collection | 6 years | S.D. Codified Laws § 15-2-13 | 6 years for all debt types. |
| Fraud | 6 years | S.D. Codified Laws § 15-2-13 | 6 years from discovery of the fraud. |
General Notes for South Dakota
South Dakota provides 6 years for contract and property claims, and 3 years for personal injury. Medical malpractice has a shorter 2-year period. The discovery rule applies to medical malpractice and fraud claims.
Related Resources
- Small claims court in South Dakota
- Free legal aid in South Dakota
- Consumer complaints in South Dakota
Frequently Asked Questions
-
What is the statute of limitations for debt in South Dakota?
South Dakota allows 6 years for creditors to sue on debts, whether written or oral.
-
How long do I have for a personal injury claim in South Dakota?
You have 3 years from the date of injury to file a personal injury lawsuit in South Dakota.
-
Does South Dakota have a discovery rule for medical malpractice?
Yes. The 2-year statute of limitations for medical malpractice may run from the date of discovery of the injury, rather than the date of the act.
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