Breach of Contract Statute of Limitations in South Dakota
Last verified 2026-07 · Source: SDCL § 15-2-13 ✓ verified · 3 sources
The deadline
6 years
from Date the cause of action accrues (typically date of breach), under SDCL § 15-2-13.
Advertisement
South Dakota law sets a hard deadline of 6 years to file a breach of contract lawsuit. The controlling statute is SDCL § 15-2-13, and the clock generally starts on Date the cause of action accrues (typically date of breach). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
South Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 6 years | SDCL § 15-2-13 |
| Car Accident | 3 yrs | S.D. Codified Laws § 15-2-14 |
| Credit Card Debt | 6 yrs | SDCL § 15-2-13(1) |
| Medical Malpractice | 2 yrs | SDCL § 15-2-14.1 |
| Wrongful Death | 3 yrs | SDCL § 21-5-3 |
| Personal Injury | 3 yrs | S.D. Codified Laws § 15-2-14(3) |
| Dog Bite | 3 yrs | SDCL § 15-2-14(3) |
| Slip and Fall | 3 yrs | S.D. Codified Laws § 15-2-14(3) |
| Defamation | 2 yrs | SDCL § 15-2-15 |
| Medical Debt | 6 yrs | S.D. Codified Laws § 15-2-13 |
When the Clock Starts
In South Dakota, the limitations period for breach of contract claims generally begins on Date the cause of action accrues (typically date of breach). South Dakota does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
Advertisement
Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against the state of South Dakota require written notice within 180 days under SDCL 3-21-2 before suit may be filed
South Dakota applies the same 6-year limitation to both written and oral contracts under SDCL § 15-2-13, which covers any action upon a contract, obligation, or liability, express or implied. No distinction is made between written and oral contracts.
Source: SDCL § 15-2-13, official South Dakota statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for South Dakota government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How South Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| South Dakota | 6 years | SDCL § 15-2-13 |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Minnesota | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
| Iowa | 10 yrs | Iowa Code § 614.1(5)(a) |
| Nebraska | 5 yrs | Neb. Rev. Stat. § 25-205 |
| Wyoming | 10 yrs | Wyo. Stat. § 1-3-105 |
| Montana | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in South Dakota?
You have 6 years from Date the cause of action accrues (typically date of breach), under SDCL § 15-2-13.
Can I still sue after 6 years in South Dakota?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
South Dakota generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against the state of South Dakota require written notice within 180 days under SDCL 3-21-2 before suit may be filed
Advertisement
Sources
- Official South Dakota Codified Laws Chapter 15-2 — Limitations of Actions (South Dakota Legislature)
- Corroborating SDCL § 15-2-13 — Justia
- Corroborating SDCL § 15-2-13 — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed South Dakota attorney.