South Dakota Statute of Limitations for Written Contracts
In South Dakota, the statute of limitations for written contracts is 6 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 6 years from accrual.
- Statute: S.D. Codified Laws § 15-2-13.
- Accrues on the date of breach.
What are written contracts claims?
Claims arising from a written agreement, including promissory notes, leases, and purchase contracts.
Details
Accrues on the date of breach.
General South Dakota Rules
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.
Other Statutes of Limitations in South Dakota
Written Contracts in Other States
Frequently Asked Questions
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What is the statute of limitations for written contracts in South Dakota?
The statute of limitations for written contracts in South Dakota is 6 years. Citation: S.D. Codified Laws § 15-2-13.
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When does the clock start for written contracts in South Dakota?
Accrues on the date of breach.
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Can the statute of limitations for written contracts be extended in South Dakota?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.