North Dakota Statute of Limitations: Filing Deadlines by Case Type

North Dakota gives most civil plaintiffs six years to file suit. Personal injury, written contracts, and fraud claims all fall under that six-year window, governed by N.D.C.C. Section 28-01-16. Wrongful death claims carry a shorter two-year deadline under N.D.C.C. Section 28-01-18.

Hurt in North Dakota? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free North Dakota personal injury settlement calculator. It gives an instant range based on your medical costs and North Dakota's fault rule (general information, not legal advice).

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:

For fraud claims, the six-year clock does not start until the injured party discovers the facts that constitute the fraud. A scam victim suing under the state's consumer fraud chapter has a shorter window, which our guide to North Dakota scam and fraud laws sets out along with where to report the scam. 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:

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. Under N.D.C.C. Section 28-01-18(4) that period generally will not be extended beyond six years from the act or omission, unless discovery was prevented by the fraudulent conduct of the physician or hospital.

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.

N.D.C.C. Section 28-01-18(3) adds an outer limit. An action against a physician or licensed hospital generally will not be extended beyond six years from the act or omission simply because the patient failed to discover it. That six-year cap is not absolute. The statute expressly withholds it where discovery was prevented by the fraudulent conduct of the physician or licensed hospital. The cap is also written to cover actions against a physician or licensed hospital, so whether it reaches a different kind of health care provider is a question to put to a North Dakota attorney.

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.

Civil Sexual Abuse and Sexual Assault Claims

North Dakota sets separate civil filing deadlines for sexual abuse and sexual assault claims. A claim for childhood sexual abuse must be filed within 21 years after it accrues under N.D.C.C. Section 28-01-25.1; if the victim was under 15 when the abuse occurred, that 21-year period does not begin until the victim turns 15. A claim for sexual assault, sexual abuse, or gross sexual imposition that is not based on childhood abuse must be filed within 9 years under N.D.C.C. Section 28-01-25.2. Claims against the state or a state entity for sexual abuse follow a parallel rule under N.D.C.C. Section 28-01-22.1: 9 years generally, or 21 years (tolled to age 15) if the plaintiff was under 18 when the abuse occurred.

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 present a written notice of claim to the director of the North Dakota Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered.
• If the claim is one for serious injury, as that term is defined in N.D.C.C. Section 26.1-41-01, the notice is due within one year rather than 180 days.
• The time for giving notice does not include any period during which the injured person is incapacitated by the injury from giving the notice.
• The notice requirement is waived entirely for a claim resulting from sexual assault, sexual abuse, gross sexual imposition, or any other claim based on a sexual act or sexual contact as defined in N.D.C.C. Chapter 12.1-20.
• After providing notice, you have up to three years from the date of discovery to file the actual lawsuit.
• Outside those statutory exceptions, missing the notice deadline can defeat your claim, so treat it as a hard deadline.

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

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.

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 28-01-32.

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). In no case can the period be extended longer than one year after the disability ends, so a plaintiff must generally sue within one year of the disability ending or within the ordinary limitation period, whichever gives more time.

Defendant's Absence from the State

Under N.D.C.C. Section 28-01-32, 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.

That section carries an exception that often controls the outcome. By its own terms the tolling rule does not apply if North Dakota courts have jurisdiction over the person during the absence, and it does not apply to the foreclosure of real estate mortgages. Because an out-of-state defendant can frequently still be sued in North Dakota and served there, leaving the state often does not stop the clock at all. Do not assume a late claim survives simply because the defendant moved away.

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. A six-year outer limit applies to actions against a physician or licensed hospital, unless discovery was prevented by that provider's fraudulent conduct.
• 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, which stretches to one year for a serious injury.
• Do not rely on verbal promises. Only a court order or written agreement can extend a filing deadline.

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Frequently Asked Questions

What is the statute of limitations for personal injury in North Dakota?

North Dakota allows six years to file a personal injury lawsuit under N.D.C.C. Section 28-01-16(5). The clock starts running on the date of the injury. This is one of the longest personal injury limitation periods in the country.

Is there a statute of limitations for murder in North Dakota?

No. Under N.D.C.C. Section 29-04-01, there is no time limit for prosecuting murder in North Dakota. Charges can be brought at any time, regardless of how many years have passed.

What happens if I miss the statute of limitations deadline in North Dakota?

If you file after the deadline, the opposing party can raise the expired statute of limitations as a defense. The court will almost certainly dismiss your case, and you will permanently lose the right to pursue that claim.

Does the statute of limitations pause if I am a minor in North Dakota?

Yes. Under N.D.C.C. Section 28-01-25, the time a plaintiff is under 18 is not counted toward the limitation period. The extension is capped, however. The statute says the period cannot be extended longer than one year after the disability ceases, so turning 18 does not restart a full six-year clock. In practice the deadline is one year after the person turns 18, or the end of the ordinary limitation period, whichever is later. For disabilities other than being a minor the extension is also capped at five years, and in professional malpractice cases the infancy extension is limited to twelve years.

How long do I have to file a medical malpractice lawsuit in North Dakota?

You have two years from the date you discover (or should have discovered) the injury and the provider's negligence. N.D.C.C. Section 28-01-18(3) adds an outer limit for actions against a physician or licensed hospital: the period generally is not extended beyond six years from the act or omission by a failure to discover it. That six-year cap does not apply if discovery was prevented by the fraudulent conduct of the physician or licensed hospital. For minors, the infancy extension in malpractice cases is capped at twelve years.