Pre Post Offer Damages Split in South Dakota
2 min read
Published July 14, 2026 • By DocketMath Team
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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.
Current verified answer
South Dakota pre-post-offer-damages-split: rate is 10; rate basis is Category B (SDCL § 54-3-5.1).
Calculate nowAuthority and key facts
- Rate: 10
- Rate Basis: Category B (SDCL § 54-3-5.1)
- Rate: 10
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.
Pre Post Offer Damages Split in South Dakota
In South Dakota, the statutory split of pre- and post-offer damages is governed by the 10% rule under SDCL § 15-6-68. This rule applies when a party makes a formal offer of judgment that is not accepted, and the opposing party later recovers a judgment that is less favorable than the offer. Under the statute, if the final judgment is at least 10% less favorable than the offer, the offeree must pay the offeror’s costs incurred after the offer was made. The statute also sets out factors and exceptions that affect the calculation. The calculator below provides a step-by-step worked example of this 10% threshold. For a precise estimate tailored to your case, use the DocketMath calculator with your specific figures.
Governing authority
In South Dakota, the pre post offer damages split rule is set by SDCL § 15-6-68. The verified packet cites SDCL § 15-6-68 (https://sdlegislature.gov/Statutes/15-6-68).
South Dakota pre post offer damages split: the verified value is 10% under SDCL § 15-6-68. The verified packet cites SDCL § 15-6-68 (https://sdlegislature.gov/Statutes/15-6-68).
Estimate your own result: every situation has exceptions that can change the outcome. Use the pre post offer damages split calculator to estimate your specific figure.
This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.