South Dakota Statutes

§ 53-9-6 — Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.

South Dakota § 53-9-6
JurisdictionSouth Dakota
Title 53CONTRACTS
Ch. 53-8UNLAWFUL CONTRACTS

This text of South Dakota § 53-9-6 (Restraints on legal proceedings void--Arbitration agreements and certain surety contract limitations enforceable.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 53-9-6 (2026).

Text

Every provision in a contract restricting a party from enforcing his rights under it by usual legal proceedings in ordinary tribunals, or limiting his time to do so, is void. However, agreements to submit controversies to arbitration, as authorized by the Uniform Arbitration Act, are valid and enforceable, and any provision in a surety contract which limits the time for enforcement is valid and enforceable if the limitation of time is not less than two years after the cause of action has accrued.

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Related

Kobbeman v. Oleson
1998 SD 20 (South Dakota Supreme Court, 1998)
84 case citations
Green v. Siegel, Barnett & Schutz
1996 SD 146 (South Dakota Supreme Court, 1996)
50 case citations
Green v. Clinic Masters, Inc.
272 N.W.2d 813 (South Dakota Supreme Court, 1978)
29 case citations
Aamot v. Eneboe
352 N.W.2d 647 (South Dakota Supreme Court, 1984)
16 case citations
Sheehan v. Morris Irrigation
410 N.W.2d 569 (South Dakota Supreme Court, 1987)
13 case citations
First Dakota National Bank v. BancInsure, Inc.
2014 SD 57 (South Dakota Supreme Court, 2014)
4 case citations
Leuning v. Dornberger Insurance, Inc.
250 N.W.2d 675 (South Dakota Supreme Court, 1977)
4 case citations
RTC v. Hartford Accident
(Eighth Circuit, 1996)

Legislative History

CivC 1877, § 958; CL 1887, § 3582; RCivC 1903, § 1276; RC 1919, § 897; SDC 1939, § 10.0705; SL 1971, ch 157, § 27; SL 1988, ch 382, § 1.

Nearby Sections

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Bluebook (online)
South Dakota § 53-9-6, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/53-9-6.