If the person injured is a minor or is mentally or physically incapacitated, the court may allow that person to serve the notice required by § 3-21-2 within a reasonable time after the expiration of the period of disability. The application to the court to make extended service shall be made within two years of the event upon which the claim is based.
S.D. Codified Laws § 3-21-4
Extension of time for service of notice for persons under certain disabilities--Time limit for application to make extended service
Applied in 2 court decisions — leading case Gerald P. Pecoraro v. The Diocese of Rapid City, a South Dakota Nonprofit Corporation (2006)
Most recently applied in Gerald P. Pecoraro v. The Diocese of Rapid City, a South Dakota Nonprofit Corporation (January 2006)
Source: SL 1986, ch 4, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.