South Dakota Code § 37-5B-51

Pending actions and actions based on prior conduct
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Any action or proceeding that is pending on July 1, 2008 or may be instituted on the basis of conduct occurring before July 1, 2008, is still subject to the provisions of chapter
37-5A
as of June 30, 2008. However, no civil action may be maintained to enforce any liability under chapter
37-5A
unless instituted within any period of limitation that applied when the cause of action accrued or within three years after July 1, 2008, whichever is earlier.

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