South Dakota
South Dakota Statute of Limitations: Filing Deadlines by Case Type
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 9 primary sources cited on this page. How we verify our legal content
In South Dakota, most personal injury claims must be filed within 3 years under SDCL 15-2-14, written and oral contracts within 6 years under SDCL 15-2-13, and fraud claims within 6 years under SDCL 15-2-13(6). Missing these deadlines permanently bars your claim in court.
South Dakota's statute of limitations sets strict deadlines for filing both civil lawsuits and criminal charges. If you miss the deadline that applies to your case, you lose the right to bring your claim to court.
These time limits exist to protect everyone involved. They ensure that cases are decided while evidence is still fresh, witnesses are still available, and memories have not faded. Understanding which deadline applies to your situation is one of the most important steps you can take before filing a lawsuit or pursuing criminal charges in South Dakota.
This guide covers every major category of civil and criminal statute of limitations in South Dakota, with direct references to the South Dakota Codified Laws (SDCL).
Hurt in South Dakota? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free South Dakota personal injury settlement calculator. It gives an instant range based on your medical costs and South Dakota's fault rule (general information, not legal advice).
South Dakota Civil Statute of Limitations
South Dakota's civil statutes of limitations are found primarily in SDCL Title 15, Chapter 2. These deadlines determine how long you have to file a lawsuit after an incident occurs or after you discover an injury.
If you fail to file your civil claim before the deadline expires, the opposing party can raise the statute of limitations as a defense and ask the court to dismiss your case. Once dismissed on these grounds, you lose your legal claim permanently.
Personal Injury Claims
South Dakota allows three years to file a personal injury lawsuit under SDCL 15-2-14. The clock typically starts on the date of the injury.
This three-year period applies to most types of bodily injury claims, including car accidents, slip-and-fall incidents, and assault. South Dakota courts generally apply the discovery rule in personal injury cases, meaning the clock may start when the injured person knew or should have known about the injury rather than when the incident occurred.
Wrongful Death
Families in South Dakota have three years from the date of death to file a wrongful death lawsuit under SDCL 21-5-3. The personal representative of the deceased person's estate is the one who must bring the claim.
An important distinction: the three-year clock starts on the date of death, not the date of the incident that caused the death. Also, South Dakota courts have ruled that the discovery rule does not apply to wrongful death claims.
Medical Malpractice
Medical malpractice claims in South Dakota carry a shorter deadline of just two years under SDCL 15-2-14.1. This applies to actions against physicians, surgeons, dentists, hospitals, registered nurses, licensed practical nurses, chiropractors, and other healthcare providers.
South Dakota uses an "occurrence rule" for medical malpractice rather than a discovery rule. This means the two-year clock starts when the alleged malpractice happened, not when the patient discovered the harm. This is an unusual approach that most other states do not follow.
There are two limited exceptions. Courts allow tolling when a healthcare provider fraudulently conceals the malpractice. The clock also does not start running during a period of continuing treatment for the same condition.
Legal Malpractice
Claims against attorneys for professional malpractice must be filed within three years under SDCL 15-2-14.2. The discovery rule may apply in these cases, starting the clock when the client knew or should have known about the attorney's error.
Contracts
South Dakota provides six years to file a breach of contract lawsuit under SDCL 15-2-13. This applies to both written and oral contracts, which is unusual because most states give longer deadlines for written contracts than oral ones.
For contracts involving the sale of goods, the Uniform Commercial Code (UCC) sets a separate four-year deadline under SDCL 57A-2-725. The four-year clock starts when the breach occurs, regardless of whether the buyer knew about the breach at the time.
Fraud
Fraud claims in South Dakota must be filed within six years under SDCL 15-2-13(6). The discovery rule applies, so the clock starts when the fraud was discovered or should have been discovered through reasonable diligence.
Property Damage and Trespass
South Dakota allows six years for lawsuits involving damage to personal property under SDCL 15-2-13(4) and trespass to real property under SDCL 15-2-13(3). Both deadlines run from the date the damage occurred.
Product Liability
Product liability claims in South Dakota must be filed within three years under SDCL 15-2-12.2. This applies to actions against manufacturers, sellers, or lessors of products that cause personal injury, death, or property damage.
The three-year clock starts from the date the injury occurred, became known, or should have become known to the injured party.
Defamation (Libel and Slander)
Claims for libel and slander must be filed within two years under SDCL 15-2-15(1). Libel refers to written defamation, while slander refers to spoken defamation. The clock starts when the defamatory statement is published or spoken.
Judgments and Debt Collection
South Dakota has some of the longest deadlines in the country for enforcing court judgments. Domestic judgments remain enforceable for 20 years under SDCL 15-2-6. Foreign judgments (those from other states) must be enforced within 10 years under SDCL 15-2-8.
Debt collection lawsuits for open accounts and breach of contract must be filed within six years under SDCL 15-2-13.
Construction Defects
Construction defect claims follow the general six-year statute of limitations for contract actions. South Dakota also has a separate statute of repose under SDCL 15-2A-3 that sets an absolute outer limit of 10 years after substantial completion of the project, regardless of when the defect was discovered.
CPA (Accounting) Malpractice
Claims against certified public accountants must be filed within four years under SDCL 15-2-14.4.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 3 years | SDCL 15-2-14 |
| Wrongful Death | 3 years | SDCL 21-5-3 |
| Medical Malpractice | 2 years | SDCL 15-2-14.1 |
| Legal Malpractice | 3 years | SDCL 15-2-14.2 |
| CPA Malpractice | 4 years | SDCL 15-2-14.4 |
| Written Contracts | 6 years | SDCL 15-2-13 |
| Oral Contracts | 6 years | SDCL 15-2-13 |
| Sale of Goods (UCC) | 4 years | SDCL 57A-2-725 |
| Fraud | 6 years | SDCL 15-2-13(6) |
| Personal Property Damage | 6 years | SDCL 15-2-13(4) |
| Trespass to Real Property | 6 years | SDCL 15-2-13(3) |
| Product Liability | 3 years | SDCL 15-2-12.2 |
| Libel and Slander | 2 years | SDCL 15-2-15(1) |
| Debt Collection | 6 years | SDCL 15-2-13 |
| Domestic Judgments | 20 years | SDCL 15-2-6 |
| Foreign Judgments | 10 years | SDCL 15-2-8 |
| Construction Defects (Repose) | 10 years | SDCL 15-2A-3 |
Tolling Provisions: When the Clock Pauses
South Dakota recognizes several situations where the statute of limitations clock can be paused, or "tolled." Understanding these exceptions is important because they can extend your filing deadline.
Minors
Under SDCL 15-2-22, the statute of limitations is tolled for individuals who are under the age of 18 at the time the cause of action accrues, except in medical malpractice cases. Infancy is specifically excepted from South Dakota's five-year cap on disability tolling, so the clock for a minor does not begin running until they turn 18, no matter how many years that takes. (The five-year cap applies only to other disabilities, such as mental illness, not to minors.) In every case, the action cannot be filed more than one year after the disability ends.
Absence from the State
If the defendant is not a resident of South Dakota or leaves the state after the cause of action accrues, the statute of limitations is tolled during their absence. The clock pauses when the defendant departs and resumes when they return.
Mental Incapacity
The statute of limitations may be tolled for individuals who are mentally incapacitated at the time the cause of action accrues, subject to a five-year cap on the length of the tolling. Unlike mental incapacity, infancy is excepted from that five-year cap under SDCL 15-2-22.
Discovery Rule
For most civil claims (except medical malpractice and wrongful death), South Dakota applies the discovery rule. Under this doctrine, the statute of limitations does not begin to run until the plaintiff discovers, or reasonably should have discovered, the cause of action. This is particularly important in fraud cases and latent injury claims.
Childhood Sexual Abuse Claims
South Dakota has special rules for civil lawsuits related to childhood sexual abuse. Victims have three years from when they realized or discovered the abuse to file a claim. Since minors cannot file lawsuits on their own, the limitation period does not begin until the victim turns 18, giving them until age 21 to file.
If the victim did not remember or discover the abuse until later in life, the three-year window begins at the time of that discovery. However, South Dakota places an upper age limit of 40 on these claims against entities other than the direct perpetrator.
South Dakota Criminal Statute of Limitations
South Dakota's criminal statutes of limitations are governed by SDCL 23A-42. These laws determine how long prosecutors have to file criminal charges after an offense occurs.
Crimes With No Statute of Limitations
South Dakota has no time limit for prosecuting the most serious criminal offenses. Under SDCL 23A-42-1, there is no statute of limitations for:
- Murder (any degree)
- Class A felonies (punishable by death or life imprisonment)
- Class B felonies (punishable by life imprisonment with no lesser sentence)
- Class C felonies (punishable by up to life imprisonment)
These are the most serious offenses in South Dakota's criminal code, including crimes like first-degree murder, kidnapping, and certain sexual assault offenses.
Seven-Year Deadline for All Other Offenses
All other criminal offenses in South Dakota, including lower-class felonies and misdemeanors, must be prosecuted within seven years after the crime was committed under SDCL 23A-42-2. This seven-year deadline is one of the longer general criminal limitation periods in the country.
Sex Crimes and Felony Classification
South Dakota does not have a victim-age-based extended deadline for sex crimes. Instead, the state's most serious sex offenses, including many rape and aggravated sexual assault charges classified as Class A, B, or C felonies, already fall under the no-limit rule described above. Sex offenses classified below Class C fall under the standard seven-year general period in SDCL 23A-42-2, the same as other lesser felonies and misdemeanors.
Criminal Tolling
The criminal statute of limitations in South Dakota is tolled when the accused is not a resident of the state. The clock pauses during any period when the accused is absent from South Dakota.
Criminal Statute of Limitations Table
| Offense Type | Time Limit | Statute |
|---|---|---|
| Murder (all degrees) | No limit | SDCL 23A-42-1 |
| Class A Felonies | No limit | SDCL 23A-42-1 |
| Class B Felonies | No limit | SDCL 23A-42-1 |
| Class C Felonies | No limit | SDCL 23A-42-1 |
| Class 1-6 Felonies (includes most sex crimes below Class C) | 7 years | SDCL 23A-42-2 |
| Misdemeanors | 7 years | SDCL 23A-42-2 |
How South Dakota Compares to Neighboring States
South Dakota's statute of limitations periods fall roughly in the middle when compared to its neighbors. Here is a quick comparison for common claim types:
| Claim Type | South Dakota | North Dakota | Nebraska | Minnesota | Iowa |
|---|---|---|---|---|---|
| Personal Injury | 3 years | 6 years | 4 years | 6 years | 2 years |
| Written Contracts | 6 years | 6 years | 5 years | 6 years | 10 years |
| Medical Malpractice | 2 years | 2 years | 2 years | 4 years | 2 years |
| General Criminal | 7 years | 3 years | 3 years | 3 years | 3 years |
South Dakota's seven-year general criminal statute of limitations is notably longer than every neighboring state, giving prosecutors more time to bring charges for lesser offenses.
More South Dakota Laws
Frequently Asked Questions
What is the statute of limitations for personal injury in South Dakota?
South Dakota gives you three years from the date of injury to file a personal injury lawsuit under SDCL 15-2-14. The discovery rule may apply if the injury was not immediately apparent, starting the clock when you knew or should have known about the harm.
Is there a statute of limitations on murder in South Dakota?
No. South Dakota has no statute of limitations for murder or any Class A, B, or C felony under SDCL 23A-42-1. Prosecutors can bring charges for these offenses at any time, regardless of how many years have passed.
How long do I have to sue for breach of contract in South Dakota?
You have six years to file a breach of contract lawsuit in South Dakota under SDCL 15-2-13. This applies to both written and oral contracts. For contracts involving the sale of goods under the UCC, the deadline is four years under SDCL 57A-2-725.
Does the statute of limitations pause for minors in South Dakota?
Yes. Under SDCL 15-2-22, the statute of limitations is tolled for individuals under 18, except in medical malpractice cases. Unlike other disabilities, infancy is not subject to South Dakota's five-year cap on tolling, so the clock does not start running until the minor turns 18, no matter how long that takes.
Why does South Dakota not apply the discovery rule to medical malpractice claims?
South Dakota uses an occurrence rule for medical malpractice under SDCL 15-2-14.1, meaning the two-year clock starts when the malpractice happened, not when you discovered it. The only exceptions are cases involving fraudulent concealment by the provider or continuing treatment for the same condition.
Updates
Corrected the personal-injury citation throughout the page from SDCL 15-2-14.3 (which concerns professional corporations, not personal injury) to SDCL 15-2-14; removed a fabricated 'victim turns 25' sex-crime deadline that does not exist anywhere in SDCL 23A-42 and replaced it with the real Class A/B/C no-limit rule; fixed the no-limit felony citation from SDCL 23A-42-2 to the correct SDCL 23A-42-1; and fixed the libel/slander citation from SDCL 15-2-15(3) to 15-2-15(1).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the minors' tolling rule: South Dakota's five-year cap on disability tolling (SDCL 15-2-22) explicitly excepts infancy, so a minor's clock stays paused until they turn 18 with no five-year cap -- only non-infancy disabilities like mental illness are capped at five years. Fixed in the tolling section, the mental-incapacity paragraph, and the FAQ, which all restated the wrong cap.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 15-2: LIMITATION OF ACTIONS GENERALLY
§ 15-2-13Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument.In forcecited in 3 of our articles
Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in §§ 15-2-6 to 15-2-8, inclusive, and subdivisions 15-2-15(3) and (4); (2) An action upon a liability created by statute other than a penalty or forfeiture; excepting those mentioned in subdivisions 15-2-15(3) and (4); (3) An action for trespass upon real property; (4) An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property; (5) An action for criminal conversation or for any other injury to the rights of another not arising on contract and not otherwise specifically enumerated in §§ 15-2-6 to 15-2-17, inclusive; (6) An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery; (7) An action to set aside any instrument executed in the name of a corporation on the ground that the corporate charter had expired…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 98 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Morgan v. Baldwin (South Dakota Supreme Court 1990, 450 N.W.2d 783)“…an the six year limitation prescribed for contract actions, SDCL 15-2-13(1), and granted Baldwin summary…”
- Strassburg v. Citizens State Bank (South Dakota Supreme Court 1998, 581 N.W.2d 510)“…e Bank’s motion for summary judgment, concluding that under SDCL 15-2-13 the six year statute of limitations beg…”
- Green v. Siegel, Barnett & Schutz (South Dakota Supreme Court 1996, 557 N.W.2d 396)“…appeals from the trial court’s summary judgment ruling that SDCL 15-2-13 and 15-2-14.2, providing the statutes o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Car Accident Laws: Fault, Insurance, and Your Claim, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien
§ 15-2-14.1Time for bringing medical malpractice actions--Counterclaims--Prospective application.In forcecited in 2 of our articles
An action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, can be commenced only within two years after the alleged malpractice, error, mistake, or failure to cure shall have occurred, provided, a counterclaim may be pleaded as a defense to any action for services brought by a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts after the limitation herein prescribed, notwithstanding it is barred by the provisions of this chapter, if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim was sued or originated, but no judgment thereon except for costs can be rendered in favor of the party so pleading it. This section shall be prospective in application only.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 42 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Martinmaas v. Engelmann (South Dakota Supreme Court 2000, 612 N.W.2d 600)“…but that the medical malpractice statute of limitations, SDCL 15-2-14.1, [4] did not apply because doubt exist…”
- Schoenrock v. Tappe (South Dakota Supreme Court 1988, 419 N.W.2d 197)“…erved that the clearly expressed legislative intent of both SDCL 15-2-14.1 (medical malpractice) and SDCL 15-2-14.…”
- Peterson, Ex Rel. Peterson v. Burns (South Dakota Supreme Court 2001, 635 N.W.2d 556)“…statutes of limitations had run. Doctors argued that under SDCL 15-2-14.1 the statute of limitations for medical…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in South Dakota (2026): Caps
§ 15-2-22Tolling of statute during disability--Maximum period of extension--Actions excepted.In force
If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, was at the time the cause of action accrued, either: (1) Within the age of minority as defined in chapter 26-1; or (2) Mentally ill; the time of the person's disability is not a part of the time limited for the commencement of the action. The period within which the action shall be brought cannot be extended more than five years by any disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. The provisions of this section do not apply to actions for the foreclosure of any real estate mortgage, either by action or by advertisement.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Lyons v. Lederle Laboratories (South Dakota Supreme Court 1989, 440 N.W.2d 769)“…period was prescribed as the limitation subject however to SDCL 15-2-22, which provided for the tolling of the…”
- Shippen v. Parrott (South Dakota Supreme Court 1993, 506 N.W.2d 82)“…roving discovery within two years of this action? V. Does SDCL 15-2-22(2) toll the statute of limitations? V…”
- M.S. v. Dinkytown Day Care Center, Inc. (South Dakota Supreme Court 1992, 485 N.W.2d 587)“…tion should have been tolled as to the children’s claims by SDCL 15-2-22(1) which provides: If a person e…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Dakota Codified Laws, Chapter 15-2A: LIMITATION OF ACTIONS FOR CONSTRUCTION DEFICIENCIES
§ 15-2A-3Time for bringing action--Date of substantial completion.In force
No action to recover damages for any injury to real or personal property, for personal injury or death arising out of any deficiency in the design, planning, supervision, inspection, and observation of construction, or construction, of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury or death, may be brought against any person performing or furnishing the design, planning, supervision, inspection, and observation of construction, or construction, of such an improvement more than ten years after substantial completion of such construction. The date of substantial completion shall be determined by the date when construction is sufficiently completed so that the owner or his representative can occupy or use the improvement for the use it was intended.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Cleveland v. BDL Enterprises, Inc. (South Dakota Supreme Court 2003, 663 N.W.2d 212)“…e barred under the ten-year limitation period prescribed in SDCL 15-2A-3. Likewise, BDL’s cross-claim against FM…”
- Clark County v. Sioux Equipment Corp. (South Dakota Supreme Court 2008, 753 N.W.2d 406)“…33.] I respectfully dissent on Issue 2 as CERCLA preempts SDCL 15-2A-3, the statute of repose. Generally, reme…”
- Hoven v. Banner Associates, Inc. (South Dakota Supreme Court 2023, 2023 S.D. 33)“…s’ lawsuit and that only the ten-year statute of repose in SDCL 15-2A-3 applied. It further claims the court e…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Dakota Codified Laws, Chapter 22-6: AUTHORIZED PUNISHMENTS
§ 22-6-1Felony classes and penalties--Restitution--Habitual criminal sentences.In forcecited in 8 of our articles
Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed; (2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed; (3) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (4) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (5) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (6) Class 3 felony: fifteen years imprisonment in a state correctional facility.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 145 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Weiker (1983) read SDCL 22-6-1 Class 1 felony penalty, then life imprisonment, as a maximum rather than a mandatory term, and struck the resulting life sentences as disproportionate under the state constitution. State v. Chipps (2016) applied the section class maximums as the yardstick in gross disproportionality review.
Opinions citing this section in our collection:
- State v. Moeller (South Dakota Supreme Court 1996, 548 N.W.2d 465)“…do so, the conviction for murder in the first degree under SDCL 22-6-1 would be life imprisonment in the state…”
- State v. Weiker (South Dakota Supreme Court 1983, 342 N.W.2d 7)✓A man with three prior burglary convictions drew life without parole on three drug distribution counts as a habitual offender; the court read SDCL 22-6-1(2) as fixing life as the maximum, not a mandatory, Class 1 felony penalty and struck the sentences as disproportionate.
- State v. Rice (South Dakota Supreme Court 2016, 2016 S.D. 18)✓Rice organized a robbery that ended in a fatal shooting and received 80 years with 20 suspended for first-degree manslaughter; the court used the life maximum SDCL 22-6-1 sets for a Class C felony as its yardstick and found the term not grossly disproportionate.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Recording Laws (2026): One-Party Consent Rules, South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear, How Many Years for Second Degree Murder? Sentences by State (2026)
South Dakota Codified Laws, Chapter 57A-2: SALES
§ 57A-2-725Statute of limitations in contracts for sale.In force
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of limitations nor do they apply to causes of action which have accrued before July 1, 1967.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- Arcon Construction Co. v. South Dakota Cement Plant (South Dakota Supreme Court 1984, 349 N.W.2d 407)“…his cause of action accrued at the time of the 1978 breach, SDCL 57A-2-725(2); Arcon did not commence its action u…”
- L.R. Foy Construction Co. v. South Dakota State Cement Plant Commission (South Dakota Supreme Court 1987, 399 N.W.2d 340)“…four year statute of limitations for breach of contract. (SDCL 57A-2-725(1) and (2)). The trial court also held…”
- City of Lennox v. Mitek Industries, Inc. (South Dakota Supreme Court 1994, 519 N.W.2d 330)“…ond the statute of limitations found *332 at SDCL 57A-2-725. City appeals that decision. ISS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): South Dakota Codified Laws, Chapter 15-1: DEFINITIONS AND GENERAL PROVISIONS § 15-1-1 (Definition of terms.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- South Dakota Codified Laws Title 15, Chapter 2 - Limitation of Actions Generally(sdlegislature.gov).gov
- SDCL 15-2-14.1 - Time for Bringing Medical Malpractice Actions(sdlegislature.gov).gov
- SDCL 23A-42 - Limitation of Criminal Prosecutions(sdlegislature.gov).gov
- SDCL 21-5 - Wrongful Death Actions(sdlegislature.gov).gov
- SDCL 57A-2-725 - Statute of Limitations in Contracts for Sale (UCC)(sdlegislature.gov).gov
- SDCL 15-2-13 - Six-Year Limitation for Contracts, Fraud, Property Damage(sdlegislature.gov).gov
- SDCL 15-2-22 - Tolling Provisions for Minors and Incapacitated Persons(sdlegislature.gov).gov
- SDCL 15-2A-3 - Statute of Repose for Construction Defects(sdlegislature.gov).gov
- SDCL 22-6-1 - Felony Classes and Penalties(sdlegislature.gov).gov