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EVERY DEADLINE

61 periods South Dakota law measures, gathered out of the file and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours before the entry. The longest is 15 years.

Every period on this page is stated by a section of the file and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.

61 deadlines

Traffic stops3

  • 24 hours

    Reporting a tow to the owner

    From
    Removing an unattended vehicle from a public street
    Whose
    The removal agency

    The agency reports the removal to the owner within twenty-four hours, or to the sheriff or chief of police if the owner cannot be reached.

    What day is that? →The whole of it: When A Car Is Towed →
    • SDCL § 32-30-3.1
  • 6 months

    Family only in the teen's car

    From
    The restricted minor's permit's issue
    Whose
    The teen driver

    For the first six months, a restricted permit holder carries no passengers but immediate family or household members.

    What day is that? →The whole of it: A Teen Driver's License →
    • SDCL § 32-12-12.5
  • 275 days

    Holding an instruction permit

    From
    The instruction permit's issue
    Whose
    The teen driver

    A permit issued after July 1, 2020, is held at least two hundred seventy-five days, with fifty hours of supervised driving, before a restricted permit.

    What day is that? →The whole of it: A Teen Driver's License →
    • SDCL § 32-12-11

Being stopped3

Court and money35

  • 24 hours

    Reporting abuse of an elder

    From
    Knowing or suspecting abuse, neglect or exploitation
    Whose
    Health care, counseling and criminal justice workers

    The listed professionals report within twenty-four hours to the state's attorney, the Department of Human Services, or law enforcement.

    What day is that? →The whole of it: Abuse Of An Older Adult →
    • SDCL § 22-46-9
  • 3 business days

    Canceling a sale made at the door

    From
    The date of the door to door transaction
    Whose
    The buyer

    The buyer may cancel at any time before midnight of the third business day after the transaction, and the seller says so in writing and aloud.

    What day is that? →The whole of it: A Sale At Your Door →
    • SDCL § 37-24-5.3
  • 3 business days

    Written notice of a work injury

    From
    The injury
    Whose
    The employee

    Written notice goes to the employer no later than three business days after the injury, or the claim is barred without actual knowledge or good cause.

    What day is that? →The whole of it: Hurt At Work →
    • SDCL § 62-7-10
  • 5 days before the appearance

    Moving a small claim to the regular docket

    From
    The date to appear or answer, counted back
    Whose
    The defendant

    A defendant may, five days before the date to appear, petition to remove the case to the regular civil docket, with an affidavit, fee and deposit.

    What day is that? →The whole of it: A Small Claim →
    • SDCL § 15-39-57
  • At least 5 days before the hearing

    Serving the petition before the hearing

    From
    The hearing date, counted back
    Whose
    The officer serving

    Personal service of the petition, affidavit and notice of hearing is made on the respondent not less than five days before the hearing.

    What day is that? →The whole of it: A Protection Order →
    • SDCL § 25-10-4
  • 1 week

    The unemployment waiting week

    From
    Becoming unemployed
    Whose
    The claimant

    Benefits are paid only after the claimant has been unemployed for a waiting period of one week.

    What day is that? →The whole of it: Unemployment After A Job Ends →
    • SDCL § 61-6-1
  • 10 business days

    An answer to a written records request

    From
    The public record officer receiving the written request
    Whose
    The public record officer

    The officer responds no later than ten business days after receipt, with the record, a denial, or an estimate of the time needed.

    What day is that? →The whole of it: Getting Public Records →
    • SDCL § 1-27-37
  • 15 days before the election

    Registering in time for an election

    From
    Election day, counted back
    Whose
    The voter

    A completed registration received by 5:00 p.m. local time at least fifteen days before the election is entered for it.

    What day is that? →The whole of it: Registering To Vote →
    • SDCL § 12-4-5
  • 30 days

    A neighbor's half of the fence

    From
    Service of a written notice and demand
    Whose
    The neighbor who has not built their half

    The notice demands that the delinquent owner erect or repair their half of a legal fence within thirty days of service.

    What day is that? →The whole of it: The Fence Between Neighbors →
    • SDCL § 43-23-5
  • 30 days

    A response to a child abuse report

    From
    The report, where the reporter asked for a response
    Whose
    The Department of Social Services or law enforcement

    A reporter who asks gets a written acknowledgment within thirty days, saying whether the report will be investigated.

    What day is that? →The whole of it: Reporting Child Abuse →
    • SDCL § 26-8A-8
  • 30 days

    A temporary protection order

    From
    The temporary order's issue
    Whose
    The court

    An ex parte temporary protection order is effective for thirty days unless the court continues it for good cause.

    What day is that? →The whole of it: A Protection Order →
    • SDCL § 25-10-7
  • 30 days

    Collecting a small estate by affidavit

    From
    The death
    Whose
    The successor

    Thirty days after the death, a successor with an affidavit may collect personal property of an estate worth no more than $100,000.

    What day is that? →The whole of it: A Small Estate →
    • SDCL § 29A-3-1201
  • 30 days

    The hearing on a protection order

    From
    The court's order setting the hearing
    Whose
    The court

    The hearing on a petition for a protection order is held no later than thirty days from the order setting it, unless continued for good cause.

    What day is that? →The whole of it: A Protection Order →
    • SDCL § 25-10-4
  • 6 weeks

    Requalifying after quitting or misconduct

    From
    New insured employment in the benefit year
    Whose
    The claimant

    A claimant who quit without good cause or was fired for misconduct is denied benefits until reemployed six calendar weeks, earning the weekly benefit amount in each.

    What day is that? →The whole of it: Unemployment After A Job Ends →
    • SDCL § 61-6-9
    • SDCL § 61-6-14
  • 60 days

    Notice of a data breach

    From
    Discovering the breach
    Whose
    The business holding the information

    Each affected resident is told of the breach no later than sixty days after it is discovered, unless law enforcement needs a delay.

    What day is that? →The whole of it: When Your Data Is Breached →
    • SDCL § 22-40-20
  • 60 days

    Taking land by affidavit

    From
    The death
    Whose
    The successor

    Sixty days after the death, a successor may file an affidavit for real property worth no more than fifty thousand dollars with the register of deeds.

    What day is that? →The whole of it: A Small Estate →
    • SDCL § 29A-3-1203
  • 60 days

    The wait before a divorce is heard

    From
    Completed service of the summons and complaint
    Whose
    The court

    No divorce or separate maintenance action is heard, tried or decided until at least sixty days after service is complete.

    What day is that? →The whole of it: Getting Divorced →
    • SDCL § 25-4-34
  • 90 days

    Using a marriage license

    From
    The license's issue
    Whose
    The couple

    A marriage license becomes void unless the marriage is solemnized within ninety days following its issue.

    What day is that? →The whole of it: Getting Married →
    • SDCL § 25-1-24
  • 120 days

    Filing a contractor's lien

    From
    The last work or material furnished
    Whose
    The contractor or supplier

    The lien ceases at the end of one hundred twenty days unless a statement of the claim is filed with the register of deeds.

    What day is that? →The whole of it: A Lien On The House →
    • SDCL § 44-9-15
  • 180 days

    A charge for refused service

    From
    The refusal or unequal treatment
    Whose
    The person refused

    A charge against a public accommodation is filed within one hundred and eighty days after the practice occurred.

    What day is that? →The whole of it: Refused Service →
  • 180 days

    A job discrimination charge

    From
    The discriminatory practice at work
    Whose
    The employee or applicant

    A charge of discrimination in hiring, firing or pay is filed within one hundred and eighty days after the practice occurred.

    What day is that? →The whole of it: Discrimination At Work →
  • 6 months before the petition

    Living in the county before a name change

    From
    Filing the petition, counted back
    Whose
    The petitioner

    A person may petition to change their name after being a bona fide resident of the county for the six months before filing.

    What day is that? →The whole of it: Changing A Name →
    • SDCL § 21-37-2
  • 9 months

    Electing the spouse's share

    From
    The death
    Whose
    The surviving spouse

    The petition for an elective share is filed within nine months after the death or four months after the will is probated, whichever is later.

    What day is that? →The whole of it: The Spouse's Share →
    • SDCL § 29A-2-211
  • 12 months

    Contesting an informally probated will

    From
    The informal probate
    Whose
    Anyone contesting the will

    A contest may be brought within the later of twelve months from the informal probate or three years from the death.

    What day is that? →The whole of it: The Will After A Death →
    • SDCL § 29A-3-108
  • 1 year

    Expunging an arrest with no charge

    From
    The arrest, where no charge was filed
    Whose
    The person arrested

    After one year from an arrest with no accusatory instrument filed, the person may ask the court to expunge the arrest.

    What day is that? →The whole of it: Clearing A Record →
    • SDCL § 23A-3-27
  • 1 year

    Redeeming after a foreclosure sale

    From
    The date of the foreclosure sale
    Whose
    The owner and others entitled to redeem

    Everyone entitled to redeem has one year from the date of sale, except under a one hundred eighty day redemption mortgage.

    What day is that? →The whole of it: A Foreclosure →
    • SDCL § 21-52-11
  • 2 years

    A hearing after comp is denied

    From
    The insurer's written notice denying coverage
    Whose
    The injured employee

    The right to compensation is forever barred unless a written petition for hearing is filed with the department within two years of the denial.

    What day is that? →The whole of it: Hurt At Work →
    • SDCL § 62-7-35
  • 2 years

    Suing for unpaid wages

    From
    The wages falling due
    Whose
    The employee

    An action for wages, or for a penalty for failing to pay them, can be commenced only within two years after it accrued.

    What day is that? →The whole of it: How Long To Sue →
    • SDCL § 15-2-15
  • 3 years

    Claims against an estate

    From
    The death
    Whose
    Creditors

    Claims that arose before the death are barred unless presented by the notice's date, and in any case within three years after the death.

    What day is that? →The whole of it: The Will After A Death →
    • SDCL § 29A-3-803
  • 3 years

    Opening probate

    From
    The death
    Whose
    Anyone seeking probate or appointment

    No probate or appointment proceeding may be started more than three years after the death, apart from narrow exceptions.

    What day is that? →The whole of it: The Will After A Death →
    • SDCL § 29A-3-108
  • 3 years

    Suing for a personal injury

    From
    The injury
    Whose
    The person injured

    An action for personal injury can be commenced only within three years after the cause of action accrued.

    What day is that? →The whole of it: How Long To Sue →
    • SDCL § 15-2-14
  • 3 years

    Suing under the lemon law

    From
    The original delivery of the vehicle
    Whose
    The consumer

    An action against the manufacturer under the lemon law is commenced within three years following the original delivery.

    What day is that? →The whole of it: The Lemon Law →
  • 4 years

    Suing over a deceptive practice

    From
    The deceptive conduct, or its discovery
    Whose
    The person harmed

    No action under the deceptive practices chapter may be brought more than four years after the conduct occurred or was discovered.

  • 5 years

    A minor case leaving the public record

    From
    The case whose highest charge was a petty offense or Class 2 misdemeanor
    Whose
    The court system

    The case is removed from the public record automatically after five years, if every condition was met and there was no new conviction.

    What day is that? →The whole of it: Clearing A Record →
    • SDCL § 23A-3-34
  • 6 years

    Suing on a contract

    From
    The cause of action accruing
    Whose
    The person suing

    An action on a contract, or for injury to property, can be commenced only within six years after it accrued.

    What day is that? →The whole of it: How Long To Sue →
    • SDCL § 15-2-13

Your home16

  • 24 hours before the entry

    Notice before the landlord comes in

    From
    The planned entry, counted back
    Whose
    The landlord

    Twenty-four hours written notice is presumed reasonable, stating the date, a window during business hours, the purpose, and how to reschedule.

    What day is that? →The whole of it: When The Landlord Can Come In →
    • SDCL § 43-32-32
  • 2 days

    Notice of an eviction trial

    From
    Issue being joined in the case
    Whose
    The landlord

    An eviction may be brought on for trial upon two days' notice after issue is joined, faster than an ordinary civil case.

    What day is that? →The whole of it: Being Evicted →
    • SDCL § 21-16-8
  • 3 days

    Rent unpaid as a ground for eviction

    From
    The day the rent is due
    Whose
    The tenant

    A tenant who fails to pay rent for three days after it is due may be sued for forcible entry and detainer.

    What day is that? →The whole of it: Being Evicted →
    • SDCL § 21-16-1
  • 5 days

    Answering an eviction

    From
    Service of the summons and complaint
    Whose
    The tenant

    The time for appearing and answering in an eviction is five days from service on the tenant.

    What day is that? →The whole of it: Being Evicted →
    • SDCL § 21-16-7
  • 10 days

    Belongings worth $500 or less

    From
    The tenant quitting the premises
    Whose
    The landlord

    Property worth five hundred dollars or less left for ten days after the tenant quits is presumed abandoned, and the landlord may dispose of it.

    What day is that? →The whole of it: Things Left Behind →
    • SDCL § 43-32-25
  • 14 days

    Putting off an eviction trial

    From
    The date set for the trial
    Whose
    The court

    No continuance runs past fourteen days unless the tenant gives security for the rent that may accrue and for costs.

    What day is that? →The whole of it: Being Evicted →
    • SDCL § 21-16-7
  • 15 days

    Ending the lease after a change in terms

    From
    Receiving the landlord's notice of modification
    Whose
    The tenant

    A tenant who gives notice within fifteen days of receiving the change may end the lease effective the start of the next month.

    What day is that? →The whole of it: Notice To End A Tenancy →
    • SDCL § 43-32-13
  • 21 days

    Returning the security deposit

    From
    Receipt of the tenant's mailing address after the tenancy ends
    Whose
    The landlord

    The landlord returns the deposit or gives a written statement of the specific reason for keeping any of it, or forfeits the right to keep any.

    What day is that? →The whole of it: Getting The Deposit Back →
    • SDCL § 43-32-24
  • 30 days

    Belongings worth more than $500

    From
    The landlord storing what the tenant left
    Whose
    The landlord

    Property worth more than five hundred dollars is stored, and after thirty days or more the landlord may treat it as abandoned.

    What day is that? →The whole of it: Things Left Behind →
    • SDCL § 43-32-26
  • 30 days before the month ends

    Changing a month-to-month lease

    From
    The end of the rental month, counted back
    Whose
    The landlord

    A landlord may change the terms or rent of a month-to-month lease by written notice given at least thirty days before the month ends.

    What day is that? →The whole of it: Notice To End A Tenancy →
    • SDCL § 43-32-13
  • 30 days

    Serving the eviction summons

    From
    The first attempt at service
    Whose
    The sheriff or other authorized server

    Two attempts at service are made at least one week apart, both within thirty days, and the second may be by posting and mail.

    What day is that? →The whole of it: Being Evicted →
    • SDCL § 21-16-6
  • 30 days before the notice

    The report behind ending a lease for abuse

    From
    The tenant's written notice, counted back
    Whose
    The tenant

    The police report, protection order or provider's statement attached to the notice is from the thirty-day period immediately preceding it.

    What day is that? →The whole of it: Leaving A Lease Early →
    • SDCL § 43-32-19.1
  • 45 days

    An itemized accounting of the deposit

    From
    The end of the tenancy
    Whose
    The landlord, on the tenant's request

    Within forty-five days after the tenancy ends, the landlord provides an itemized accounting of any deposit withheld, if the tenant asks.

    What day is that? →The whole of it: Getting The Deposit Back →
    • SDCL § 43-32-24
  • 90 days

    Moving a home off leased land

    From
    Notice that the land will be developed for another use
    Whose
    The landowner

    The owner of a mobile or manufactured home gets no less than ninety days notice to vacate and remove it, unless the notice rests on a breach.

    What day is that? →The whole of it: A Mobile Home Lot →
    • SDCL § 43-32-31
  • 180 days

    A housing discrimination charge

    From
    The discriminatory housing practice
    Whose
    The person discriminated against

    A charge of housing discrimination is filed within one hundred and eighty days after the practice occurred.

    What day is that? →The whole of it: Housing Discrimination →
  • 180 days

    The landlord's defense to retaliation

    From
    A complaint, a written repair notice, or joining a tenants' union
    Whose
    The landlord

    It is a defense to a retaliation claim that the notice to vacate came more than one hundred eighty days after the tenant's protected act.

    What day is that? →The whole of it: When The Landlord Retaliates →
    • SDCL § 43-32-27

Carrying a firearm3

  • 5 days

    A temporary concealed pistol permit

    From
    Applying to the sheriff of the county of residence
    Whose
    The sheriff

    A temporary permit is issued within five days of application to an applicant who meets every condition the section lists.

    What day is that? →The whole of it: Carrying →
    • SDCL § 23-7-7.1
  • 1 year

    A firearm after a domestic violence misdemeanor

    From
    The date of conviction of a misdemeanor crime involving domestic violence
    Whose
    The person convicted

    The person may not possess or control a firearm for one year from the conviction; at the end of the one-year period the rights lost are restored.

    What day is that? →The whole of it: Who Cannot Carry →
    • SDCL § 22-14-15.2
  • 15 years

    The firearm bar after a violent or drug felony

    From
    The last discharge from prison, jail, probation or parole
    Whose
    The person convicted

    The bar on possessing a firearm does not apply to a person last discharged more than fifteen years before the offense.

    What day is that? →The whole of it: Who Cannot Carry →
    • SDCL § 22-14-15

Charges and penalties1

  • 30 days

    Making good a bounced check

    From
    The mailing or delivery of the notice of dishonor
    Whose
    The person who wrote the check

    Paying the check and the costs, or returning the property, within thirty days of the notice of dishonor bars any criminal prosecution for it.

    What day is that? →The whole of it: Bad Checks →
    • SDCL § 22-30A-26

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed South Dakota attorney.