If when the cause of action shall accrue against any person he shall be out of the state, such action may be commenced within the terms herein respectively limited after the return of such person into this state; and if after such cause of action shall have accrued, such person shall depart from and reside out of the state, the time of his absence shall not be deemed or taken as any part of the time limited for the commencement of such action; provided that the provisions of this section shall not apply to an action for the foreclosure of any real estate mortgage, or to the foreclosure of any real estate mortgage by advertisement.
S.D. Codified Laws § 15-2-20
Tolling of statute during absence of defendant from state--Real estate mortgage foreclosure actions excepted
Applied in 6 court decisions — leading case Russell v. Balcom Chemicals, Inc. (1983)
Most recently applied in Lewis & Clark Reg'l Water Sys., Inc. v. Carstensen Contracting, Inc. (September 2018)
Source: SDC 1939, § 33.0203; SL 1949, ch 127, § 1.
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.