Defamation Laws in South Dakota

How long you have to sue for libel or slander in South Dakota, and any retraction rules, from the state code.

Short answer: In South Dakota, a lawsuit for libel or slander must be filed within two years after the cause of action accrues, unless a statute sets a different limit for a special case. SDCL § 15-2-15(1)

Deadline to sue for defamation (libel and slander)	In South Dakota, a lawsuit for libel or slander must be filed within two years after the cause of action accrues, unless a statute sets a different limit for a special case. Source: SDCL § 15-2-15(1)
Retraction (correction) rules	Yes, for newspapers. Before suing a newspaper (or its publisher, editor or manager) for libel, the person must serve a notice at least three days before filing that specifies the statements claimed to be false and defamatory. If the statements were published in good faith on reasonable grounds and a full and fair retraction ran in the next issue (or within three days for a daily paper) in type as conspicuous as, and in the same position as, the original, the plaintiff cannot recover punitive damages; for a libel against a candidate, the retraction must also run editorially at least three days (daily) or ten days (weekly) before the election. A proper retraction also rebuts any presumption of malice at trial. Source: SDCL §§ 20-11-7, 20-11-8

Deadline to sue for defamation (libel and slander)

In South Dakota, a lawsuit for libel or slander must be filed within two years after the cause of action accrues, unless a statute sets a different limit for a special case.

Source: SDCL § 15-2-15(1)

Retraction (correction) rules

Yes, for newspapers. Before suing a newspaper (or its publisher, editor or manager) for libel, the person must serve a notice at least three days before filing that specifies the statements claimed to be false and defamatory. If the statements were published in good faith on reasonable grounds and a full and fair retraction ran in the next issue (or within three days for a daily paper) in type as conspicuous as, and in the same position as, the original, the plaintiff cannot recover punitive damages; for a libel against a candidate, the retraction must also run editorially at least three days (daily) or ten days (weekly) before the election. A proper retraction also rebuts any presumption of malice at trial.

Source: SDCL §§ 20-11-7, 20-11-8

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FAQ

How long do you have to sue for defamation in South Dakota?

In South Dakota, a lawsuit for libel or slander must be filed within two years after the cause of action accrues, unless a statute sets a different limit for a special case.

Does South Dakota have a defamation retraction law?

Last verified against official sources: October 27, 2026.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.