2011 South Dakota Code
Title 15 CIVIL PROCEDURE
Chapter 02. Limitation Of Actions Generally
§15-2-22 Tolling of statute during disability--Maximum period of extension--Actions excepted.
15-2-22. Tolling of statute during disability--Maximum period of extension--Actions excepted. If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, was at the time the cause of action accrued, either:
(1) Within the age of minority as defined in chapter 26-1; or
(2) Mentally ill;
the time of the person's disability is not a part of the time limited for the commencement of the action.
The period within which the action shall be brought cannot be extended more than five years by any disability except infancy, nor can it be extended in any case longer than one year after the disability ceases.
The provisions of this section do not apply to actions for the foreclosure of any real estate mortgage, either by action or by advertisement.
Source: SDC 1939 & Supp 1960, § 33.0204; SL 1976, ch 145, § 3; SL 1983, ch 155, § 2; SL 1988, ch 175.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
