Any action against a licensed public accountant or the accountant's agent or employee, for malpractice, error, mistake, or omission, whether based on contract or tort, may be commenced only within three years after the alleged malpractice, error, mistake or omission has occurred unless the Department of Revenue or Internal Revenue Service conducts an audit, or issues a notice of intent to conduct an audit, in which case the action shall be commenced within four years. This section is prospective in application.
S.D. Codified Laws § 15-2-14.4
Time for bringing action against licensed public accountant
Applied in 3 court decisions — leading case Guthmiller v. Deloitte & Touche, LLP (2005)
Most recently applied in Guthmiller v. Deloitte & Touche, LLP (June 2005)
Source: SL 1987, ch 153; SL 1996, ch 141; SL 2003, ch 272 (Ex
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.