Are Autopsy Reports Public in North Dakota? (2026)

North Dakota autopsy reports are not open public records. The full autopsy report, toxicology results, and the examiner's working notes are confidential by statute. Only the one-page Report of Death, which states the cause and manner of death, becomes a public record eight days after it is finalized. Close family and the personal representative may obtain the full report.

Are Autopsy Reports Public in North Dakota?

No. A North Dakota autopsy report is not a general public record. Under N.D. Cent. Code 23-01-05.5, the autopsy report and any related working papers and notes are confidential and may be released only as that statute allows.

There is one narrow exception. The Report of Death, which is the face page of the autopsy report identifying the decedent and stating the cause and manner of death, becomes a public record eight days after it is finalized. That single page is disclosable under North Dakota's open-records law, N.D. Cent. Code 44-04-18.

The full report, including toxicology and microscopic findings, stays restricted to the people the statute names. This is common in death-records law, where the detailed pathology file is treated as more sensitive than the basic cause-of-death summary.

Who Performs Autopsies in North Dakota?

North Dakota runs a county-based coroner system backed by a state office. Each county has a coroner; in counties with a county manager, the sheriff or state's attorney handles those duties (N.D. Cent. Code 11-09-27).

The autopsy itself is performed by the State Forensic Examiner or an authorized pathologist, not by the county coroner. The State Forensic Examiner is a board-certified forensic pathologist housed within North Dakota Health and Human Services (N.D. Cent. Code 23-01-05.4). The office operates out of Bismarck and provides consultation and autopsy services to county coroners.

When an Autopsy Is Performed

A coroner may order an autopsy whenever one is deemed necessary to determine the cause and manner of death. If the coroner declines, the sheriff or state's attorney may direct that one be done (N.D. Cent. Code 11-19.1-11).

Autopsies are most common in deaths that are sudden, violent, suspicious, or unexplained. Reportable circumstances include suspected homicide, suicide, or accident; severe unexplained injuries; drowning; and poisoning (N.D. Cent. Code 11-19.1-07). Suspected sudden infant death syndrome cases generally require an autopsy unless all parties agree otherwise. The cost of the autopsy, toxicology, and ancillary studies is borne by the state.

Who Can Request a North Dakota Autopsy Report?

The full autopsy report is released only to a limited group. The State Forensic Examiner's office accepts written requests from the decedent's:

• Personal representative (the executor or administrator of the estate)
• Spouse
• Child
• Parent

For homicide cases, the report is released only with written approval from the District Attorney handling the matter. The general public cannot obtain the full file; the public-facing document is the Report of Death once it has been finalized for eight days.

When someone requests the Report of Death, the State Forensic Examiner must make a good-faith effort to notify the decedent's next of kin first. That notification, or the attempt, has to happen before any public disclosure.

How to Get an Autopsy or Toxicology Report in North Dakota

Send a written request to the State Forensic Examiner's office. Your request should include the decedent's full name, date of birth, date of death, your name and relationship to the decedent, and your mailing address.

Office: North Dakota State Forensic Examiner, 2637 East Main Avenue, Bismarck, ND 58501. Phone 701-328-6138; email NDMEOffice@nd.gov.

Fee: There is no charge for a report in a non-homicide case. Homicide-case reports require written District Attorney approval before release.

Processing time: It varies. The office notes that each autopsy and its report turnaround is different, and that testing requirements, case complexity, and ongoing investigations can cause delays.

Pending-Investigation Hold

If a death is part of an active law-enforcement or criminal investigation, the report can be withheld until the case is resolved. Toxicology alone can add weeks, so reports in complex or contested cases routinely take several months. If the file is tied to a homicide, expect the release to run through the prosecutor rather than the examiner's office directly.

Autopsy Report vs Death Certificate in North Dakota

These are two different records produced by two different processes. The death certificate is the legal vital record filed with North Dakota Vital Records. It lists the cause-of-death line but not the underlying pathology, and it is the document you use to settle estates, claim insurance, and close accounts.

The autopsy report is the forensic pathologist's detailed findings, including toxicology, microscopic exams, and the manner-of-death determination. It is far more detailed than the certificate and, unlike the certificate, it is confidential except for the Report of Death face page.

For the certificate itself, see our guide to North Dakota death records. For all states, start at the hub on death records by state.

Disclaimer: This page is general information, not legal advice. Statutes, fees, and office procedures change. Confirm current requirements directly with the North Dakota State Forensic Examiner or the county coroner before relying on anything here.

Sources

This page draws on the North Dakota State Forensic Examiner, the North Dakota Century Code, and the CDC's coroner/medical-examiner law summary, all official sources.