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What Is the Statute of Limitations in South Dakota?
In South Dakota, the statute of limitations is the legal time limit for filing civil claims or criminal charges. Generally, a plaintiff loses their right to file claims once the statute of limitations expires. South Dakota statutes typically impose different statutes of limitations based on the victim’s age and crime type. For instance, you can file a claim for personal injury within six years of the incident. However, you have a seven-year time limit to file charges for misdemeanor offenses.
How Long Is the Statute of Limitations in South Dakota?
There is no specific time limit for filing a lawsuit in South Dakota. The limit mostly depends on the crime type and severity. It's also affected by the victim’s age at the time of the incident. Civil claims generally have time limits that run between 2 and 8 years from the incident date. In contrast, felony time limits may vary between seven years and no limits. The SDCL 23A-42-1 imposes no time limit for the prosecution of Class A, B, and C felonies.
In South Dakota, the statute of limitations generally starts counting after the incident date. However, there are specific factors that extend or suspend the time limit. Case in point: the state allows plaintiffs to file civil or criminal claims after discovering an offense, even if the statutory time limit has elapsed. The state may also suspend the time limit under these conditions:
- The offender is out of state.
- The court deems the offender legally incapacitated.
- The offender is below the legal age limit.
- The offender is evading court summons or prosecution.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 7 years | |
| Felony | 7 years | Exceptions include Class A, B, and C felonies that have no time limit. |
| Infractions | 7 years | |
| Civil Statutes | 2 to 7 years |
What Crimes Have No Statute of Limitations in South Dakota
Per SDCL 23A-42-1, Class A, B, and C felony crimes have no statute of limitations. This means offenders can be prosecuted at any time in South Dakota. The state law imposes no limit on such crimes to ensure victims can come forward even if it takes years for them to summon the courage to do so. In addition, the state serves as a deterrent to would-be felons. Examples of crimes with no statute of limitations in South Dakota include the following:
- First- and second-degree murder.
- Aggravated kidnapping.
- Manslaughter
- Rape
- Terrorism
Criminal Statute of Limitations in South Dakota
The criminal statute of limitations in South Dakota refers to the timeframe during which you can file charges against an offender. The timeframe is generally set at seven years after the incident. However, there is no time limit for class A, B, and C felonies.
The discovery rule also applies to criminal statutes of limitations. Under the rule, the statute of limitations starts counting after the offender discovers the incident. Other factors may suspend or extend the statute of limitations for criminal offenses. For instance, the statute of limitations is suspended if the offender is out of state or is being evasive. The statute of limitations is also suspended when the victim is below the legal age limit. The law may extend the time limits for a few years after the victim’s 18th birthday.
| Type of Criminal Offense | Deadline |
|---|---|
| Misdemeanors | 7 years from the incident or discovery date. |
| Murder | No time limit. |
| Terrorism | No time limit. |
| Kidnapping | No time limit. |
| Aggravated assault | No time limit. |
| Sexual assault against minors | No time limit. |
| Selling child pornography | 7 years from the incident or discovery date. |
| Hate crime | 7 years from the incident or discovery date. |
Is There a Statute of Limitations on Attempted Murder?
No, there’s no statute of limitations on attempted murder crimes in South Dakota. Attempted murder is a class 2 felony under South Dakota laws. Thus, plaintiffs or prosecutors can file a criminal charge for attempted murder at any time after the incident.
Note that the no-limit rule also applies to murder charges. The state codified laws generally impose a no-limit statute of limitations on Class A, B, and C offenses.
Statute of Limitations on Sexual Assault in South Dakota
In South Dakota, the sexual assault statute of limitations is the time limit for filing civil actions or criminal charges for such offenses. The state laws impose different statutes of limitations for sexual assaults based on the incident type and the victim’s age.
Per SDCL 22-22-1, the time limit for filing sexual abuse claims in South Dakota is usually seven years after the incident or before the victim reaches age twenty-five. However, there is no statute of limitations for rape crimes in which the offender was less than 13 years old at the time of the incident.
The time limit for filing civil claims for sexual assault is three years after the incident or discovery date. Under the state law, the time limit remains the same even if the offender was a minor at the time of the incident.
Civil Statute of Limitations in South Dakota
There are deadlines for filing civil lawsuits in South Dakota. The deadline is referred to as the statute of limitations and may vary based on the type of action, the defendant’s availability, and the discovery date. Plaintiffs who fail to file within the set timeframe will lose their case or get it dismissed.
Examples of civil claims include professional malpractice, personal injury, defamation, and property damage. Civil claims like libel and slander have a two-year statute of limitation. Other civil claims and their corresponding statutes of limitations are outlined in this table.
| Case | Time Since | The Law |
|---|---|---|
| Injury to a person | 3 years from the incident or discovery date. | S.D.C. § 15-2-14(3) |
| Fraud | 6 years from the incident or discovery date. | S.D.C. § 15-2-13(6) |
| Medical malpractice | 2 years from the incident or discovery date. | S.D.C. § 15-2-14.2 |
| Legal malpractice | 3 years from the incident or discovery date. | S.D.C. § 15-2-14.2 |
| Trespass to real estate | 6 years from the incident or discovery date. | S.D.C. § 15-2-13(3) |
| Libel and defamation | 3 years from the incident or discovery date. | S.D.C. § 15-2-15(1) |
Statute of Limitations for Medical Malpractice in South Dakota
In South Dakota, the statute of limitations for medical malpractice is two years after the alleged malpractice occurred. This means plaintiffs must file a claim for injuries as a result of malpractice within two years after the incident. The discovery rule may also apply when filing claims for medical malpractice. Based on this rule, plaintiffs can legally file claims within two years of discovering the incident.
| Type of medical malpractice | Statute of limitations |
|---|---|
| misdiagnosis | Two years since the incident or discovery date. |
| Surgical errors | Two years since the incident or discovery date. |
| Leaving medical equipment in the victim’s body. | Two years since the incident or discovery date. |
| Prescribing the wrong medication | Two years since the incident or discovery date. |
| Failure to inform patients of the risks involved | Two years since the incident or discovery date. |
| Failure to implement or recommend the correct treatment. | Two years since the incident or discovery date. |
Statute of Limitations for Debt in South Dakota
The debt statute of limitations in South Dakota is the legal timeframe during which creditors can file a legal action to collect debt. The timeframe typically starts when the debtor misses a payment or the debt is due.
The timeframe for filing claims for debt may differ based on the contract type and court judgment. Based on contract type, the statute of limitations is 6 years for debts incurred from a written contract or open account. Written contract debts may include credit card debts, mortgages, and personal loans.
Note that creditors lose the right to file a lawsuit to reclaim debts after the statute of limitations expires. However, creditors or debt collectors may still contact the debtor for payment after the set timeframe.
| Type of Debt | Statute of Limitations |
|---|---|
| Credit card loan | Six years after the last debt payment or the due date. |
| Auto loan | Six years after the previous debt payment or the due date. |
| Personal loan | Six years after the previous debt payment or the due date. |
| Medical bills | Six years after the previous debt payment or the due date. |
Statute of Limitations for Child Abuse and Child Support in South Dakota
In South Dakota, the child abuse statute of limitations is the legal timeframe during which you can file civil actions or charges against child abuse offenses like neglect. Nevertheless, plaintiffs may use the statute of limitations for personal injuries as their guideline. The severity of the neglect will also determine if the plaintiff will rely on the statute of limitations for misdemeanor or felony offenses. Per South Dakota Codified Laws, custodial parents can file claims for child support within 20 years after the last payment. Parents lose the right to file for child support after the time limit ends.