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What Is the Statute of Limitations for Breach Of An Oral Contract in South Dakota?

In South Dakota, the statute of limitations for breach of an oral contract is generally 6 years under SDCL § 15-2-13(1).

6 YEARS
Breach of Oral Contract · South Dakota
✓ Verified Checked Sep 2026

Breach of an oral contract Deadlines in South Dakota

How long do you have to file a breach of an oral contract claim in South Dakota?

In South Dakota, the statute of limitations for breach of an oral contract is generally 6 years under SDCL § 15-2-13(1).

When does the clock start for breach of an oral contract in South Dakota?

Six years — the same as a written contract.

Can the South Dakota deadline for breach of an oral contract be extended?

The statute of frauds may bar certain oral agreements outright regardless of timing.

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 breach of an oral contract?

South Dakota's 6 years is in the middle of the range nationally. Across the 44 jurisdictions with a verified figure, the deadline for breach of an oral contract ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Breach of Oral Contract Cover?

Situations that typically fall under the breach of an oral contract deadline in South Dakota:

01 Verbal service or handshake agreements
02 Informal lending or repayment promises
03 Unwritten partnership or business arrangements
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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 breach of an oral contract across all states.
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