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What Is the Statute of Limitations for Assault And Battery in South Dakota?

In South Dakota, the statute of limitations for assault and battery is generally 2 years under SDCL § 15-2-15(1).

2 YEARS
Assault & Battery · South Dakota
✓ Verified Checked Sep 2026

Assault and battery Deadlines in South Dakota

How long do you have to file a assault and battery claim in South Dakota?

In South Dakota, the statute of limitations for assault and battery is generally 2 years under SDCL § 15-2-15(1).

When does the clock start for assault and battery in South Dakota?

Two years — a year less than the three-year personal injury period under § 15-2-14.

Can the South Dakota deadline for assault and battery be extended?

Previously listed here as ONE year, which was wrong. Jacobson (746 N.W.2d 746) holds a defamation claim accrues when the defamation occurs.

Is the deadline different if the claim is against the government in South Dakota?

Often, yes. Written notice within 180 days under SDCL § 3-21-2. SDCL § 3-21-2 requires written notice to the public entity within 180 days of the injury. South Dakota also grants the state, counties, cities, townships and school districts broad immunity from damages for neglectful conduct, and state officers and employees…

How does South Dakota compare to other states for assault and battery?

South Dakota's 2 years is in the middle of the range nationally. Across the 49 jurisdictions with a verified figure, the deadline for assault and battery ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →

What Does Assault & Battery Cover?

Situations that typically fall under the assault and battery deadline in South Dakota:

01 Physical attacks causing injury
02 Intentional harmful or offensive contact
03 Threats that placed someone in fear of harm
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Other Filing Deadlines in South Dakota

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed South Dakota attorney can tell you the deadline that applies to your situation.
See every filing deadline in South Dakota, or compare assault and battery across all states.
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