Every suit instituted under this chapter shall be brought in the name of the State of South Dakota for the use of the person suing, in the circuit court of the State of South Dakota within the circuit in which the contract was to be performed, and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. The State of South Dakota shall not be liable for the payment of any costs or expenses of any such suit.
S.D. Codified Laws § 31-23-4
Title of suit--Venue--Limitations--Costs and expenses
Applied in 2 court decisions — leading case Stern Oil Co. v. Border States Paving, Inc. (2014)
Most recently applied in Stern Oil Co. v. Border States Paving, Inc. (May 2014)
Source: SL 1941, ch 135, § 3; SDC Supp 1960, § 28.1603.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.