South Dakota Statute of Limitations (2026)
Civil filing deadlines in South Dakota under SDCL ch. 15-2 — six years for contract and property, three for personal injury, and two for intentional torts and defamation.
✓ Last verified: Sep 2026
Common Questions About South Dakota Deadlines
What is the statute of limitations in South Dakota?
It depends on the type of claim. South Dakota filing deadlines range from 2 years to 6 years — for example, personal injury 3 years, breach of a written contract 6 years, medical malpractice 2 years, defamation 2 years.
How long do you have to file a personal injury lawsuit in South Dakota?
3 years under SDCL § 15-2-14(3). Three years from the date of injury or from discovery of the injury. Full personal injury rules →
What is the statute of limitations for wrongful death in South Dakota?
3 years under SDCL § 21-5-3. Three years from the date of death. Full wrongful death rules →
What is the statute of limitations for medical malpractice in South Dakota?
2 years under SDCL § 15-2-14.1. Two years from the act complained of. Full medical malpractice rules →
What is the statute of limitations for breach of contract in South Dakota?
6 years under SDCL § 15-2-13(1). Six years from accrual. Full breach of a written contract rules →
How long do you have to sue for defamation in South Dakota?
2 years under SDCL § 15-2-15(1). Two years for libel or slander. Full defamation rules →
What is the statute of limitations for property damage in South Dakota?
6 years under SDCL § 15-2-13. Six years — double what South Dakota gives personal injury. Full property damage rules →
Do you have to notify the government before suing in South Dakota?
Often, yes. Written notice within 180 days under SDCL § 3-21-2. This is usually much shorter than the ordinary deadline.