Statutes of limitations are deadlines for filing specific types of claims in court, in arbitration, or in other legal proceedings. Statutes of limitations generally require a person or entity to file a lawsuit or initiate an arbitration proceeding within a certain number of years from the date the cause of action accrues or arises—often the date of the injury, whether a physical injury or a breach of contract, for example.

The discovery rule is a judge-made exception to statutes of limitations that stops or “tolls” the limitations period from beginning to run until the person with the right to assert the claim (the plaintiff) has sufficient knowledge to discover the facts regarding the injury or breach.

Similarly, a statute of limitations may be suspended or “tolled”—extending the time period in which the plaintiff may file a lawsuit or make a claim—if the plaintiff lacks the legal capacity to file a lawsuit or make a claim when the cause of action accrues (the person is under a legal disability). For example, if a person’s cause of action accrues when the person is a minor child, the statute of limitations will often by tolled until the child reaches the age of majority (often 18).

In South Dakota, statutes of limitations set deadlines for filing various types of legal claims. These time limits vary depending on the nature of the claim. For instance, personal injury claims must generally be filed within three years of the date of injury, while breach of contract claims must be filed within six years if the contract is written, or within three years if it is oral or implied. The discovery rule in South Dakota may toll the statute of limitations, meaning the clock starts ticking when the plaintiff discovers or should have discovered the injury, not necessarily when the injury occurred. Additionally, the statute of limitations can be tolled for individuals who are under a legal disability at the time the cause of action accrues, such as minors or those who are mentally incompetent. In such cases, the limitations period may be extended until the disability is removed, for example, when a minor reaches the age of majority, which is 18 years old in South Dakota.