Justice Atlas

Civil statutes of limitations

How long do you have to sue in North Dakota?

A statute of limitations is a hard filing deadline. File even one day after it and a court will almost always throw the case out permanently — no matter how strong it is. Among the nine claims on this page, the shortest in North Dakota is 2 years.

Were you fired, treated unfairly at work, or harmed by a government agency? Those claims are not on this page and often have much shorter deadlines — sometimes only a few months (for example, many job-discrimination claims must be filed with the EEOC or a state agency within about 180 days; many claims against a government can require notice in 6 months or less). If that's you, your clock may be running out right now — contact an attorney or legal aid today.

If you think you might have a claim, treat the clock as already running. The deadline for your situation can be shorter than the table below — and missing it is usually fatal to the case.

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Filing deadlines by type of claim

statutory period · longer ≠ more time for you
Defamation (libel / slander)
2 years
Medical malpractice
2 years
disc. repose
Wrongful death
2 years from death
Contract oral
6 years
Contract written
6 years
Fraud
6 years
disc.
Personal injury
6 years
Product liability
6 years
disc.
Property damage
6 years

Bar length is the number of years the statute allows; color flags how little time that is. disc. = a discovery rule may start the clock when you discover the harm, not when it happened. repose = an outer limit that can bar a claim even before you discover it.

What to do today

  1. Find the date you were harmed — the injury, the contract breach, the death, the day you discovered it.
  2. Compare it to the shortest deadline above that fits your situation. If you're anywhere close, treat today as your deadline, not the statutory date.
  3. Contact an attorney or free legal aid in North Dakota now. Even if the deadline looks past, the discovery rule or tolling may still help — don't decide that yourself; ask someone licensed.

The statute for each claim

Defamation (libel / slander)

2 years

N.D. Cent. Code § 28-01-18(1) RECORDED the statute as written — verify at the cited code

  • • Covers libel and slander; Uniform Correction Act in chapter 32-43.

Medical malpractice

2 years

N.D. Cent. Code § 28-01-18(3) RECORDED the statute as written — verify at the cited code

  • • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Statute of repose: 6 years — an outer cutoff that can bar the claim even if the discovery rule would otherwise extend it.
  • • Foreign-object exception under § 28-01-18.

Wrongful death

2 years from death

N.D. Cent. Code § 28-01-18(4) RECORDED the statute as written — verify at the cited code

  • • Wrongful Death Act in chapter 32-21 sets substantive rules.

Contract oral

6 years

N.D. Cent. Code § 28-01-16(1) RECORDED the statute as written — verify at the cited code

  • • Same 6-year SOL applies to express or implied contracts.

Contract written

6 years

N.D. Cent. Code § 28-01-16(1) RECORDED the statute as written — verify at the cited code

  • • UCC 4-year SOL applies to sale-of-goods claims.

Fraud

6 years

N.D. Cent. Code § 28-01-16(6) RECORDED the statute as written — verify at the cited code

  • • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Statute expressly applies discovery rule to fraud actions.

Personal injury

6 years

N.D. Cent. Code § 28-01-16(5) RECORDED the statute as written — verify at the cited code

  • • Intentional torts (assault/battery) limited to 2 years under § 28-01-18.

Product liability

6 years

N.D. Cent. Code § 28-01.3-08 RECORDED the statute as written — verify at the cited code

  • • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
  • • Personal injury from defective product follows § 28-01-16(5).

Property damage

6 years

N.D. Cent. Code § 28-01-16(4) RECORDED the statute as written — verify at the cited code

  • • Damage to real or personal property covered.

Why this table is not your actual deadline

These are the statutes North Dakota has on the books. Your real deadline depends on facts only a lawyer can sort out:

  • When the clock started (accrual) — usually the date of harm, but the discovery rule can move it to when you reasonably should have known.
  • Whether it paused (tolling) — being a minor, incapacity, the defendant leaving the state, or fraud can stop or restart the clock.
  • A statute of repose — a separate outer limit that can bar a claim even before you discover it.
  • Which claim you actually have — the same facts can support several causes of action with different deadlines; the shortest one that applies controls.

The safe move is always to assume less time than you think and talk to an attorney immediately.

What this is — and is not

This page states the published statutory deadlines in North Dakota for common civil claims — an informational reference, with each statute citation linked so you can verify it. It is not legal advice, not a calculation of your deadline, and not a substitute for a licensed attorney. Accrual, tolling, and the discovery rule are fact-specific. If you may have a claim, consult an attorney in North Dakota immediately; for free help, see civil legal aid in North Dakota.

Source: CaseFleet Civil Statute-of-Limitations Reference (2026) · statutes last verified 2026-04-29.

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