What is the statute of limitations for civil actions?

In South Dakota, the statute of limitations dictates how long a person has to file a civil action in court after a certain event has occurred. Depending on the type of case, the statute of limitations for civil matters can range from one to 10 years. For example, most personal injury claims such as wrongful death or medical malpractice must be filed within three years of the injury. Actions based on written contracts must be brought within six years, and actions for fraud must be filed within three years. Statutes of limitations also limit the time a lender has to sue a borrower on a promissory note. In cases involving minors, the statute of limitations typically begins to run at the time of the minor’s 18th birthday. In other cases, the law may pause the statute of limitations, such as when the defendant is out of state or a mentally-incapacitated or deceased person is involved. Most laws governing civil procedure in South Dakota are found in the South Dakota Codified Laws (SDCL). It is important to familiarize yourself with the applicable laws before filing a civil court action. If you miss the deadline to file a case, the court may not allow you to proceed.

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What is the statute of limitations for civil actions?

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