North Dakota Statutes of Limitations for Civil Cases

Understanding North Dakota's statutes of limitations is essential for both plaintiffs pursuing claims and defendants asserting affirmative defenses. Missing a deadline can permanently bar your case, regardless of its merits. North Dakota's limitation periods vary significantly by cause of action, and several tolling provisions can extend filing deadlines under specific circumstances.

Personal Injury

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: The statute of limitations begins to run from the date of the wrongful act or omission that causes injury, not from the date the injury is discovered or becomes apparent.

Key Practical Point: Many plaintiffs mistakenly assume their clock starts when they realize they've been injured. Under North Dakota law, however, the accrual date is typically when the negligent or wrongful act occurs. This distinction matters significantly when injuries manifest gradually or are discovered long after an accident.

Breach of Written Contract

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: The statute begins running from the date of the breach, not from the date payment was due or the date the breach was discovered.

Example: If a contractor fails to complete work on January 15, the six-year clock starts on January 15—even if you don't notice the incomplete work until months later.

Breach of Oral Contract

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: Same as written contracts—the statute begins running from the date of the actual breach, regardless of when discovery occurs.

Important Caveat: Oral contracts involving the sale of land fall under the Statute of Frauds and have different requirements for enforcement, though the six-year limitation period still applies to breach claims.

Fraud

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: The statute of limitations for fraud claims runs from the date the fraud is discovered or reasonably should have been discovered. This is one of North Dakota's key exceptions to the standard accrual rule.

Discovery Rule Application: Because fraud is inherently deceptive, North Dakota applies the discovery rule, which delays accrual until the plaintiff knew or reasonably should have known of the fraud through the exercise of ordinary diligence.

Practical Consideration: Courts examine whether a reasonably prudent person in the plaintiff's circumstances would have discovered the fraud earlier. This is a fact-intensive inquiry that may allow cases to proceed despite significant time delays.

Property Damage

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: The statute begins running from the date of the wrongful act causing damage, not from the date the damage is discovered.

Example: If a contractor negligently damages your home's foundation on March 1, but you don't notice structural problems until a year later, the six-year clock began on March 1.

Medical Malpractice

Limitation Period: 2 years from discovery; 4 years absolute maximum (repose period)

Statute Citation: N.D. Cent. Code § 28-01-18

When the Clock Starts: The statute of limitations runs from the date the plaintiff discovered, or reasonably should have discovered, the injury caused by the alleged malpractice—not from the date of the negligent treatment.

Absolute Repose Period: Regardless of discovery, no medical malpractice claim may be brought more than 4 years after the alleged wrongful act, with limited exceptions.

Key Exceptions to the Four-Year Repose Period:

Discovery Rule in Practice: Courts recognize that medical injuries may not be immediately apparent. A patient injured by a surgical error but experiencing symptoms only years later may still file within two years of discovering the injury—as long as the claim is filed within four years of the actual malpractice.

Critical Warning: The four-year absolute deadline is among the most strictly enforced statutes of limitations in North Dakota. Courts rarely grant exceptions beyond those specifically codified.

Wrongful Death

Limitation Period: 2 years

Statute Citation: N.D. Cent. Code § 28-01-18(2)

When the Clock Starts: The statute of limitations begins to run from the date of death, not from the date of the underlying negligent act.

Who May Sue: Only the representative of the decedent's estate, or the surviving spouse and next of kin in certain circumstances, can bring a wrongful death action.

Strategic Consideration: If a person is injured but survives for some time before dying, the wrongful death statute may provide a different (longer or shorter) deadline than the personal injury statute. Plaintiffs should evaluate both theories.

Defamation, Libel, and Slander

Limitation Period: 2 years

Statute Citation: N.D. Cent. Code § 28-01-18(1)

When the Clock Starts: The statute of limitations runs from the date the defamatory statement is published or spoken, not from the date the plaintiff learns of it or suffers economic harm.

Important Distinction: While defamation damages may accumulate over time (reputation harm, lost business), the statute of limitations deadline is fixed at the publication date. Subsequent republications may start new limitation periods, however.

Example: If a false statement is published in a newspaper on January 10, the two-year clock runs from January 10. If the same statement is republished on February 15, a new two-year period may begin for claims related to that republication.

Trespass

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: The statute begins running from the date of the trespass (unauthorized entry onto land or interference with property), not from the date of discovery or ongoing damage.

Continuing Trespass: If a trespass is ongoing or repeated, courts may treat each act of trespass as a separate accrual event, potentially allowing claims for recent trespasses even if earlier trespasses are time-barred.

Debt Collection and Promissory Notes

Limitation Period: 6 years

Statute Citation: N.D. Cent. Code § 28-01-16(1)

When the Clock Starts: The statute of limitations runs from the date the debt became due or the date of the last payment or written acknowledgment of the debt.

Partial Payments: Each partial payment can restart the statute of limitations clock for the remaining balance. This is critical in debt collection cases—a single payment may extend collection rights for an additional six years.

Written Acknowledgment: A written acknowledgment of the debt (such as a creditor's letter stating the balance owed) can also restart the clock.

Promissory Note Specifics: If a promissory note has a specified maturity date, the statute of limitations runs from that date. If no date is specified, it runs from the date the note was made.

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Discovery Rule and Delayed Accrual

North Dakota applies the discovery rule selectively. Under this doctrine, a statute of limitations may not begin to run until the plaintiff discovers the injury and its causal connection to the defendant's conduct. The discovery rule applies most clearly to:

Reasonable Diligence Standard: The discovery rule does not require the plaintiff to actually discover the injury; rather, the clock runs from when a reasonably prudent person should have discovered it through ordinary diligence.

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Tolling Provisions

North Dakota law provides several circumstances under which the statute of limitations clock may be paused or extended:

Minority

Statute Citation: N.D. Cent. Code § 28-01-22

If the plaintiff is a minor (under age 18) when the cause of action accrues, the statute of limitations does not begin to run until the plaintiff reaches age 18. The plaintiff then has the full applicable period from their 18th birthday to file suit.

Mental Incapacity

Statute Citation: N.D. Cent. Code § 28-01-23

If the plaintiff is of "unsound mind" (legally incompetent) at the time the cause of action accrues, the statute of limitations does not run while the incapacity continues. Once the incapacity ends, the plaintiff has the full applicable period to sue.

Practical Issue: The plaintiff must prove they were legally incompetent during the relevant period, which may require medical evidence or a guardianship adjudication.

Absence from the State

Statute Citation: N.D. Cent. Code § 28-01-24

If the defendant is absent from North Dakota, the statute of limitations is tolled (paused) during the period of absence. However, if the defendant is a resident of North Dakota or is regularly doing business within the state, this tolling provision generally does not apply.

Military Service

North Dakota does not have a specific codified tolling provision for military service, but the Servicemembers Civil Relief Act (50 U.S.C. § 3953) may apply federally to extend statutes of limitations for active duty service members.

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Critical Practical Advice

Calculating the Deadline Accurately

Count the full number of years from the accrual date. For example, if a claim accrues on June 15, 2018, a six-year statute of limitations expires on June 15, 2024. The filing deadline is midnight on June 15, 2024. Filing on June 16, 2024, is too late.

File Early; Don't Rely on the Last Day

Courts do not extend deadlines for plaintiff's convenience. Filing one day late may result in permanent dismissal. Filing at least two weeks before expiration provides a safety buffer for postal delays or electronic filing system outages.

What Happens When the Deadline Passes

Once the statute of limitations expires, the defendant can file a motion to dismiss based on the affirmative defense of expiration. North Dakota courts enforce these deadlines strictly. No claim may be revived after expiration except in extraordinary circumstances (fraud in concealing the deadline, intentional misrepresentation by the defendant about the statute of limitations itself).

Tolling Must Be Raised by Plaintiff

Tolling provisions that extend the statute of limitations generally must be affirmatively established by the plaintiff. Do not assume a court will apply tolling; gather evidence (birth certificates for minority, medical records for incapacity, documentation of defendant's absence) and raise tolling claims explicitly in your complaint or, if needed, in opposition to a motion to dismiss.

Save the Original Papers

Keep the original summons, complaint, and proof of service. These documents establish your filing date and should be preserved for potential appeals or future disputes about timeliness.

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Key Takeaways