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An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.
In South Dakota, the statute of limitation for collection of an open account or breach of contract is six (6) years. South Dakota Codified Laws (SDCL) §15-2-13. An action for a breach of contract on a sale of goods under the Uniform Commercial Code must be commenced within four (4) years. SDCL §57A-2- 725.
What is the statute of limitations for bringing a wrongful death claim in South Dakota? In South Dakota, wrongful death lawsuits must be brought within three years of the death.
Exceptions. Marital privilege does not apply if 1) the private communication is revealed to third parties, 2) one spouse is suing the other (e.g., divorce), or 3) when one spouse is charged with a crime against the other or their children (e.g., domestic violence or abuse).
South Dakota permits a plaintiff to recover damages so long as their fault was ?slight." Flipping this around, a defendant's fault must be ?gross" (or great) for a defendant to be liable for a plaintiff's injuries. Lawyers call this ?slight-gross negligence," and it can limit a plaintiff's ability to recover.