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.
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.
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.
Being stopped3
48 hours
The mandatory arrest after a domestic assault
- From
- An assault on a person in a covered relationship
- Whose
- The officer
An officer with probable cause that an adult assaulted someone in a covered relationship within the preceding forty-eight hours shall arrest without a warrant.
10 days
Searching on a search warrant
- From
- The warrant's issue
- Whose
- The officer
The warrant commands the search within a specified period not to exceed ten days, served in the daytime unless the magistrate authorizes night.
60 days
Starting forfeiture proceedings
- From
- The seizure of the property
- Whose
- The attorney general
After a seizure, the attorney general institutes the forfeiture proceedings within sixty days of the seizure.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.