"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:

  • The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
  • Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)

Below are the statutes of limitations in North Dakota for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.

Civil

Note: Most of the civil statutes of limitations are in several Chapters in Title 28 of the North Dakota Century Code. You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the laws in this Chapter to find the statute of limitations for civil claims or "causes of action" not listed below.

Description

Statute

Assault and Battery, 2 years

N.D. Cent. Code § 28-01-18(1)

Contract (in writing), 6 years

N.D. Cent. Code § 28-01-16(1)

Contract (oral or not in writing), 6 years

N.D. Cent. Code § 28-01-16(1)

False Imprisonment, 2 years

N.D. Cent. Code § 28-01-18(1)

Fraud, 6 years

N.D. Cent. Code § 28-01-16(6)

Enforcing Court Judgments, 10 years

N.D. Cent. Code § 28-01-15(1)

Legal Malpractice, 2 years

N.D. Cent. Code § 28-01-18(3)

Libel, 2 years

N.D. Cent. Code § 28-01-18(1)

Medical Malpractice, 2 or 6 years (Depending on when the malpractice is "discovered")

N.D. Cent. Code § 28-01-18(3)

Personal Injury, 6 years

N.D. Cent. Code § 28-01-16(5)

Product Liability, 6, 10, or 11 years (Depending on when the injury was discovered and when the defective product was made or used)

N.D. Cent. Code § 28-01-16(5) and N.D. Cent. Code § 28-01.3-08(1)

Property Damage, 6 years

N.D. Cent. Code § 28-01-16(4)

Slander, 2 years

N.D. Cent. Code § 28-01-18(1)

Trespass, 6 years

N.D. Cent. Code § 28-01-16(3)

Wrongful Death, 2 years

N.D. Cent. Code § 28-01-18(4)

Criminal

Note: Most of the criminal statutes of limitations are in Title 29, Chapter 29.04 of the Code. You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the criminal laws (found in Title 12.1) to find crimes not listed below, and then use Chapter 29.04 to find the statutes of limitations for those crimes.

Description

Statute

Arson, 3 years

N.D. Cent. Code § 29-04-02

Assault, 2 or 3 years

N.D. Cent. Code §§ 29-04-02 and 29-04-03

Burglary, 3 years

N.D. Cent. Code § 29-04-02

Disorderly Conduct, 2 years

N.D. Cent. Code § 29-04-03

Kidnapping, 3 years

N.D. Cent. Code § 29-04-02

Manslaughter, voluntary, 3 years

N.D. Cent. Code § 29-04-02

Manslaughter, involuntary ("Negligent Homicide"), 3 years

N.D. Cent. Code § 29-04-02

Murder, No time limit

N.D. Cent. Code § 29-04-01

Rape ("Gross Sexual Imposition"), 7 years

N.D. Cent. Code § 29-04-02.1

Receiving Stolen Property, 2 or 3 years (Depending on the facts of the case)

N.D. Cent. Code §§ 29-04-02 and 29-04-03

Robbery, 3 years

N.D. Cent. Code § 29-04-02

Theft, 2 or 3 years (Depending on the facts of the case)

N.D. Cent. Code § 29-04-02 and 29-04-03

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