Small claims court in South Dakota

$12,000maximum claim in Small claims court (circuit or magistrate court), as of 29 October 2026

The basics

Small claims limit: $12,000^1,2SDCL 15-39-45.1
You can sue for up to $12,000 in South Dakota small claims, not counting allowed costs or attorney fees.
Court: Small claims court (circuit or magistrate court)^2,3SDCL 15-39-45
Small claims cases are tried before a circuit court judge or a magistrate judge.
Filing fee: $24.84 to $42.84 (by claim amount)²
The statewide fee is $24.84 for claims up to $100, $30.84 up to $1,000, $40.84 up to $3,999.99 and $42.84 for $4,000 to $12,000. Each additional defendant adds $11.84.
Lawyers: Yes, not required²
Either side may have a lawyer at trial, but you do not need one.
Appeals: No appeal²
A small claims judgment cannot be appealed to a higher court.

Deadlines to sue (statutes of limitations)

How long you usually have to file, counted from when the claim arose. Exceptions apply.

Written contract: 6 years⁴SDCL 15-2-13(1)
You have 6 years to sue over a contract, written or implied, unless another law sets a different period.
Oral contract: 6 years⁴SDCL 15-2-13(1)
You have 6 years. South Dakota uses the same period for written and oral contracts.
Property damage: 6 years⁴SDCL 15-2-13(3), (4)
You have 6 years to sue for trespass on land or for taking or damaging personal property.
Personal injury: 3 years⁵SDCL 15-2-14(3)
You have 3 years to sue for personal injury.

Small claims rules are set by state law and court rules, and fees are often set locally. Before you file, check the court's own page or call the clerk.

Sources

SDCL 15-39-45.1, Jurisdictional amount of claim, South Dakota Legislature, 2011official
Guide to Small Claims Court (UJS 7/13/2026), South Dakota Unified Judicial System, 2026-07-13official
SDCL 15-39-45, Small claims procedure rules, South Dakota Legislature, 2009official
SDCL 15-2-13, South Dakota Legislatureofficial
SDCL 15-2-14, South Dakota Legislatureofficial

Checked 29 October 2026. "Secondary" sources reproduce the official text. We use them only where the official site could not be read and mark them here.