North Dakota Statute of Limitations: Filing Deadlines by Case Type
What Is the Statute of Limitations in North Dakota?
The statute of limitations in North Dakota is a set of legal deadlines that control how long a person has to file a lawsuit or how long prosecutors have to bring criminal charges. Once the applicable deadline passes, courts will generally refuse to hear the case.
North Dakota's civil statutes of limitations are found primarily in Title 28, Chapter 28-01 of the North Dakota Century Code (N.D.C.C.). Criminal statutes of limitations appear in Title 29, Chapter 29-04. These time limits vary based on the type of case, the severity of the offense, and the circumstances surrounding the claim.
Filing on time matters. If you miss the deadline, the opposing party can raise the statute of limitations as a defense and ask the court to dismiss your case. Once dismissed on those grounds, you lose the right to pursue that claim permanently.
North Dakota Civil Statute of Limitations
North Dakota's civil statute of limitations sets the maximum amount of time you have to file a lawsuit after an injury, breach of contract, or other civil wrong. These deadlines typically range from two to ten years depending on the type of action.
Six-Year Limitations (N.D.C.C. Section 28-01-16)
Most civil actions in North Dakota fall under a six-year statute of limitations. This is one of the longest general limitation periods in the United States. Under N.D.C.C. Section 28-01-16, the following actions must be filed within six years:
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal injury (general negligence) | 6 years | N.D.C.C. Section 28-01-16(5) |
| Breach of written contract | 6 years | N.D.C.C. Section 28-01-16(1) |
| Breach of oral contract | 6 years | N.D.C.C. Section 28-01-16(1) |
| Injury to personal property | 6 years | N.D.C.C. Section 28-01-16(4) |
| Trespass on real property | 6 years | N.D.C.C. Section 28-01-16(3) |
| Fraud | 6 years (from discovery) | N.D.C.C. Section 28-01-16(6) |
| Collection of debt on account | 6 years | N.D.C.C. Section 28-01-16(2) |
| Collection of rents | 6 years | N.D.C.C. Section 28-01-16(2) |
For fraud claims, the six-year clock does not start until the injured party discovers the facts that constitute the fraud. This is known as the discovery rule.
Two-Year Limitations (N.D.C.C. Section 28-01-18)
Several types of civil claims carry a shorter two-year filing deadline under N.D.C.C. Section 28-01-18:
| Case Type | Time Limit | Statute |
|---|---|---|
| Libel | 2 years | N.D.C.C. Section 28-01-18(1) |
| Slander | 2 years | N.D.C.C. Section 28-01-18(1) |
| Assault | 2 years | N.D.C.C. Section 28-01-18(2) |
| Battery | 2 years | N.D.C.C. Section 28-01-18(2) |
| False imprisonment | 2 years | N.D.C.C. Section 28-01-18(2) |
| Wrongful death | 2 years (from date of death) | N.D.C.C. Section 28-01-18(3) |
For wrongful death cases, the two-year period starts on the date of death, not the date of the original injury. If the death resulted from medical malpractice, the deadline runs from the date the malpractice was discovered, with a maximum of six years from the date the error occurred.
Medical Malpractice (N.D.C.C. Section 28-01-18)
Medical malpractice claims in North Dakota must be filed within two years. The two-year clock starts on the date the patient discovers (or reasonably should have discovered) both the injury and the health care provider's alleged negligence.
There is also an absolute outer limit of six years from the date the malpractice occurred, regardless of when it was discovered. This means that even if you did not learn about the error until later, you cannot file suit more than six years after the event.
For cases involving infancy (minors), the extension of the limitation period due to the minor's age is capped at twelve years from the date of the malpractice.
Ten-Year Limitations (N.D.C.C. Section 28-01-15)
Actions to enforce a domestic judgment in North Dakota must be brought within ten years from the date the judgment was entered.
| Case Type | Time Limit | Statute |
|---|---|---|
| Enforcement of domestic judgments | 10 years | N.D.C.C. Section 28-01-15 |
Claims Against the State (N.D.C.C. Section 32-12.2)
If you need to file a personal injury claim against the State of North Dakota or a government agency, special rules apply under N.D.C.C. Chapter 32-12.2:
- You must file a written notice of claim with the North Dakota Office of Management and Budget within 180 days of discovering your injury.
- After providing notice, you have up to three years from the date of discovery to file the actual lawsuit.
- Failing to provide the 180-day notice will bar your claim entirely.
North Dakota Criminal Statute of Limitations
North Dakota's criminal statute of limitations limits how long prosecutors have to file criminal charges. These deadlines are found in N.D.C.C. Chapter 29-04 and vary based on the classification of the offense.
No Statute of Limitations
Murder has no statute of limitations in North Dakota. Under N.D.C.C. Section 29-04-01, a prosecution for murder may be brought at any time, regardless of how many years have passed since the crime occurred.
Felony Statute of Limitations
| Offense | Time Limit | Statute |
|---|---|---|
| Murder | No limit | N.D.C.C. Section 29-04-01 |
| Sexual abuse of a minor (victim under 18) | 21 years | N.D.C.C. Section 29-04-03.1 |
| Human trafficking | 7 years | N.D.C.C. Section 29-04-03.3 |
| Class A felony | 7 years | N.D.C.C. Section 29-04-02.1 |
| Class B felony | 3 years | N.D.C.C. Section 29-04-02 |
| Class C felony | 3 years | N.D.C.C. Section 29-04-02 |
For sexual abuse of minors, the 21-year period runs from the date the offense was committed. If the victim did not report the crime within that 21-year window, the prosecution may still proceed if charges are filed within three years after the offense is reported to law enforcement.
Additionally, if a suspect is identified through DNA testing or fingerprint analysis after the initial limitation period expires, prosecutors have three years from the date of identification to file charges.
Special Rule for Child Victims (N.D.C.C. Section 29-04-03.2)
If the victim of any sexual offense under N.D.C.C. Chapter 12.1-20 was under 15 years old at the time the crime was committed, the statute of limitations does not begin to run until the victim reaches age 15. This effectively extends the filing window for crimes against young children.
Misdemeanor Statute of Limitations
All misdemeanors and infractions in North Dakota carry a two-year statute of limitations under N.D.C.C. Section 29-04-03. Charges must be filed within two years of the date the offense was committed.
| Offense | Time Limit | Statute |
|---|---|---|
| Misdemeanors | 2 years | N.D.C.C. Section 29-04-03 |
| Infractions | 2 years | N.D.C.C. Section 29-04-03 |
Tolling of the Statute of Limitations
In certain situations, North Dakota law will "toll" (pause) the statute of limitations, giving the injured party additional time to file. The main tolling provisions are found in N.D.C.C. Sections 28-01-25 through 28-01-28.
Disability of the Plaintiff
Under N.D.C.C. Section 28-01-25, if the person entitled to bring a civil action has a legal disability at the time the cause of action accrues, the statute of limitations is paused until the disability is removed. Legal disabilities include:
- Being a minor (under 18)
- Mental incompetence
- Imprisonment
The extension cannot exceed five years for any disability other than infancy (being a minor). Once the disability ends, the person has one year to file suit.
Defendant's Absence from the State
Under N.D.C.C. Section 28-01-28, if a defendant leaves North Dakota and remains continuously absent for one year or more after a claim has accrued, the time spent outside the state does not count toward the limitation period. This prevents defendants from avoiding lawsuits by simply leaving the state.
For criminal cases, the statute of limitations is similarly tolled when the suspect is absent from North Dakota.
The Discovery Rule in North Dakota
North Dakota recognizes the discovery rule for certain types of claims. Under this doctrine, the statute of limitations does not begin to run until the injured party discovers (or should have reasonably discovered) the injury and its cause.
The discovery rule applies in the following situations:
- Fraud claims: The six-year limitation period under N.D.C.C. Section 28-01-16(6) begins when the aggrieved party discovers the facts constituting the fraud.
- Medical malpractice: The two-year clock starts when the patient discovers or should have discovered the injury and the provider's negligence, with an absolute six-year outer limit.
- Claims against the state: The three-year limitation begins from the date of discovery of the injury.
The discovery rule does not apply to standard wrongful death cases. The two-year clock for wrongful death generally starts on the date of death.
Comparative Fault and Its Impact
North Dakota uses a modified comparative fault system under N.D.C.C. Section 32-03.2-02. While not directly part of the statute of limitations, this rule affects your ability to recover damages in personal injury cases.
Under this system, you can recover damages only if your share of fault is less than 50 percent. If you are found to be 50 percent or more at fault, you are barred from recovering any damages. Any award you do receive will be reduced by your percentage of fault.
This rule applies to negligence, medical malpractice, product liability, and other tort claims. It is important to file within the statute of limitations and to understand how fault allocation may affect your recovery.
Practical Tips for Filing on Time
Meeting the statute of limitations deadline is essential to preserving your legal rights. Here are some practical steps to keep in mind:
- Mark the deadline. As soon as an injury or legal issue arises, calculate the filing deadline based on the applicable statute.
- Gather evidence early. Witness memories fade and documents can be lost over time. Start collecting evidence as soon as possible.
- Consult an attorney promptly. A North Dakota attorney can help identify which limitation period applies to your case and whether any tolling provisions extend the deadline.
- File a notice of claim when required. For claims against the state, remember the 180-day notice requirement.
- Do not rely on verbal promises. Only a court order or written agreement can extend a filing deadline.
More North Dakota Laws
Sources and References
- North Dakota Century Code Title 28 Chapter 28-01: Time for Commencing Actions(ndlegis.gov).gov
- North Dakota Century Code Title 29 Chapter 29-04: Criminal Limitations(ndlegis.gov).gov
- North Dakota Century Code Chapter 32-12.2: Claims Against the State(ndlegis.gov).gov
- North Dakota Century Code Chapter 32-03.2: Fault, Damages, and Payments(ndlegis.gov).gov
- North Dakota Century Code Title 28: Judicial Procedure, Civil(ndlegis.gov).gov
- North Dakota Century Code Title 29: Judicial Procedure, Criminal(ndlegis.gov).gov