South Dakota Codified Laws
Chapter 02 - Limitation Of Actions Generally
Section 15-2-23 - Disability to have existed when right of action accrued.

15-2-23. Disability to have existed when right of action accrued.
No person can avail himself of a disability unless it existed when his right of action accrued.

Source: SDC 1939 & Supp 1960, ยง33.0209.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 02 - Limitation Of Actions Generally

Section 15-2-1 - Commencement of civil actions limited by prescribed periods--Manner of objecting to commencement.

Section 15-2-2 - Application of limitations to actions by or for state--Exceptions.

Section 15-2-3 - Cause of action based on fraud accruing on discovery or notice.

Section 15-2-4 - Accrual of cause of action on open account.

Section 15-2-5 - Accrual of cause of action for mortgage foreclosure.

Section 15-2-5.1 - Limitation of action to challenge validity on nonjudicial foreclosure of real property mortgage.

Section 15-2-6 - Actions on state judgments and sealed instruments.

Section 15-2-7 - Actions to foreclose real estate mortgages.

Section 15-2-8 - Judgment of federal or foreign court--Mentally ill person's support--Abstracter's bond--Relief not otherwise provided for.

Section 15-2-12.2 - Product liability actions--Prospective application.

Section 15-2-13 - Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument.

Section 15-2-14 - Action against sheriff, coroner, or constable--Action for statutory penalty or forfeiture--Action for personal injury.

Section 15-2-14.1 - Time for bringing medical malpractice actions--Counterclaims--Prospective application.

Section 15-2-14.2 - Time for bringing legal malpractice actions--Prospective application.

Section 15-2-14.3 - Time for bringing action against professional corporation--Corporate character and status unaffected.

Section 15-2-14.4 - Time for bringing action against licensed public accountant.

Section 15-2-14.5 - Time for bringing action against veterinarian--Counterclaims.

Section 15-2-14.6 - Time for bringing action against real estate licensees, agents, and employees--Prospective application.

Section 15-2-14.7 - Time for bringing action against firm of real estate broker, agent, or employee--Prospective application.

Section 15-2-14.8 - Time for bringing action against certain professional corporations and professional practitioners for acts or omissions occurring prior to January 1, 1980.

Section 15-2-15 - Actions for libel, slander, assault, battery, or false imprisonment--Actions for statutory forfeitures or penalties--Actions concerning wages.

Section 15-2-15.2 - Time for bringing action under federal civil rights statutes.

Section 15-2-16 - Limitation of actions for recovery of municipal funds unlawfully expended.

Section 15-2-17 - Actions for escape of prisoner arrested on civil process--Statutory forfeiture or penalty--Petty offense.

Section 15-2-18 - Actions on instruments circulated as money not limited by provisions.

Section 15-2-19 - Actions against bank directors, shareholders, agents, or employees.

Section 15-2-20 - Tolling of statute during absence of defendant from state--Real estate mortgage foreclosure actions excepted.

Section 15-2-21 - Running of statute against enemy alien during war.

Section 15-2-22 - Tolling of statute during disability--Maximum period of extension--Actions excepted.

Section 15-2-23 - Disability to have existed when right of action accrued.

Section 15-2-24 - Coexisting disabilities.

Section 15-2-25 - Tolling of statute during injunction or statutory prohibition.

Section 15-2-28 - Mortgage presumed paid after fifteen years--Tolling provisions not applicable.

Section 15-2-29 - Writing required for acknowledgment or promise to take case out of operation of chapter.

Section 15-2-30 - Commencement of action by service of summons--Summons on codefendant.

Section 15-2-31 - Attempted commencement of action by delivery of summons to sheriff--Publication or service following attempt.

Section 15-2-32 - New action after reversal of judgment on appeal.

Section 15-2-33 - Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.

Section 15-2-34 - Action for recovery of damages against regional airport authority--Commencement.

Section 15-2-35 - Action against real estate appraiser or employee for malpractice, error, mistake, or omission.

Section 15-2-36 - Actions for breach of trust against qualified persons.