Statute of limitations in South Dakota

The periods in South Dakota

In South Dakota, the time limit to sue is 6 years for a written contract, 6 years for an oral contract and 6 years for damage to property. Each period runs from the date the claim arises, which statutes usually call the date the cause of action accrues; in the ordinary case that is the day of the breach or the damage.

A written contract and an oral contract: SDCL 15-2-13(1) reads “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.”

Damage to property: SDCL 15-2-13(4) reads “An action for taking, detaining, or injuring any goods or chattels.”

South Dakota gives written and oral contracts the same 6 years, so whether the deal was put on paper does not change the deadline here.

Worked dates for a claim that arose on March 15, 2026: a written contract reaches its 6 years on March 15, 2032, an oral contract reaches its 6 years on March 15, 2032 and damage to property reaches its 6 years on March 15, 2032. Tolling rules (for example while a defendant is out of state, or for a minor) can extend a period, and some claims run from when the harm was discovered; the dates show the plain count only.

Among the 34 jurisdictions verified here, 6 allow longer than 6 years on a written contract and 12 allow less (median 6 years). For property damage, 27 of 33 give less than South Dakota's 6 years (median 3 years). Maine, Minnesota, North Dakota and Oregon have the same three periods.

Neighbouring states with verified periods (written / oral / property): Iowa 10 / 5 / 5, Minnesota 6 / 6 / 6, Montana 6 / 5 / 2, Nebraska 5 / 4 / 4, North Dakota 6 / 6 / 6 and Wyoming 10 / 8 / 4. Which state's period applies to a dispute that crosses a border is itself a legal question.

The section applies "Except where, in special cases, a different limitation is prescribed by statute".

The time limit is the same whichever court hears the case. A claim of $12,000 or less can be filed in South Dakota small claims (small claims limit), and it must still be filed inside the period above.

Sources: South Dakota Legislature, SDCL 15-2-13 · last checked October 21, 2026.

Before the deadline

A limitation period is a cut-off for filing, not a measure of whether a claim is good. The guide on how limitation periods work explains accrual, tolling and the difference between written and oral contracts, and the small claims filing guide covers the next step.