Home› State Guides› North Dakota

North Dakota Statute of Limitations (2026)

Civil filing deadlines in North Dakota under N.D.C.C. ch. 28-01 — six years for personal injury, among the longest in the country, but only two for intentional torts and malpractice.

✓ Last verified: Sep 2026

Claim Types

claim types tracked

Filing Range

2–6

year filing range

Govt. Notice

0.5

yrs to notify govt.

2 of these entries are marked “Unverified.” They have been added to the register but not yet checked line-by-line against the current statute text. Treat those figures as a starting point only, and confirm the citation at its official source before relying on it.

6 YEARS

Personal Injury

Six years from the date of injury — tied with Maine and Minnesota among the longest general personal-injury periods in the country.

N.D.C.C. § 28-01-16(5) ✓ Verified

2 YEARS

Medical Malpractice

Two years from discovery, with a six-year outer limit from the act — except where the provider's fraudulent conduct prevented discovery, in which case the six years does not apply.

N.D.C.C. § 28-01-18(3) ✓ Verified

6 YEARS

Written Contract

Six years from breach.

N.D.C.C. § 28-01-16(1) ✓ Verified

6 YEARS

Property Damage

Six years for property damage, on the same clock as personal injury.

N.D.C.C. § 28-01-16 ✓ Verified

2 YEARS

Defamation

Two years for libel or slander — a third of North Dakotas six-year general tort period.

N.D.C.C. § 28-01-18(1) ✓ Verified

6 YEARS

Product Liability

Six years for personal injury caused by a defective product.

N.D.C.C. § 28-01-16(5) Unverified

2 YEARS

Wrongful Death

Two years, accruing at the date of death — or, where the death resulted from malpractice, at the time the malpractice was discovered.

N.D.C.C. § 28-01-18(4) ✓ Verified

6 YEARS

Fraud

Six years, with discovery-based accrual written into the subsection.

N.D.C.C. § 28-01-16(6) ✓ Verified

6 YEARS

Breach of Oral Contract

Six years — the same as a written contract.

N.D.C.C. § 28-01-16(1) ✓ Verified

2 YEARS

Legal Malpractice

Two years, under the general malpractice subsection.

N.D.C.C. § 28-01-18(3) Unverified

2 YEARS

Assault & Battery

Two years — a third of what an ordinary negligence claim gets in North Dakota.

N.D.C.C. § 28-01-18(1) ✓ Verified

6 YEARS

Trespass to Land

Six years for trespass.

N.D.C.C. § 28-01-16 ✓ Verified

0.5

years

Government claims notice

State: notice within 180 days; municipality: 3 years — N.D.C.C. chs. 32-12.2, 32-12.1 Claims against the State or a state employee must be presented in writing to the Office of Management and Budget within 180 days of discovery of the injury, or one year where the injury resulted in death (N.D.C.C. ch. 32-12.2). Claims against a municipality or municipal employee must be brought within three years (ch. 32-12.1). Both cut sharply into the six-year general period, and North Dakota caps damages. Not confirmed against primary text.

Common Questions About North Dakota Deadlines

What is the statute of limitations in North Dakota?

It depends on the type of claim. North Dakota filing deadlines range from 2 years to 6 years — for example, personal injury 6 years, breach of a written contract 6 years, medical malpractice 2 years, defamation 2 years.

How long do you have to file a personal injury lawsuit in North Dakota?

6 years under N.D.C.C. § 28-01-16(5). Six years from the date of injury — tied with Maine and Minnesota among the longest general personal-injury periods in the country. Full personal injury rules →

What is the statute of limitations for wrongful death in North Dakota?

2 years under N.D.C.C. § 28-01-18(4). Two years, accruing at the date of death — or, where the death resulted from malpractice, at the time the malpractice was discovered. Full wrongful death rules →

What is the statute of limitations for medical malpractice in North Dakota?

2 years under N.D.C.C. § 28-01-18(3). Two years from discovery, with a six-year outer limit from the act — except where the provider's fraudulent conduct prevented discovery, in which case the six years does not apply. Full medical malpractice rules →

What is the statute of limitations for breach of contract in North Dakota?

6 years under N.D.C.C. § 28-01-16(1). Six years from breach. Full breach of a written contract rules →

How long do you have to sue for defamation in North Dakota?

2 years under N.D.C.C. § 28-01-18(1). Two years for libel or slander — a third of North Dakotas six-year general tort period. Full defamation rules →

What is the statute of limitations for property damage in North Dakota?

6 years under N.D.C.C. § 28-01-16. Six years for property damage, on the same clock as personal injury. Full property damage rules →

Do you have to notify the government before suing in North Dakota?

Often, yes. State: notice within 180 days; municipality: 3 years under N.D.C.C. chs. 32-12.2, 32-12.1. This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.

Browse claim types

North Dakota Statute of Limitations (2026)

Common Questions About North Dakota Deadlines

What is the statute of limitations in North Dakota?

How long do you have to file a personal injury lawsuit in North Dakota?

What is the statute of limitations for wrongful death in North Dakota?

What is the statute of limitations for medical malpractice in North Dakota?

What is the statute of limitations for breach of contract in North Dakota?

How long do you have to sue for defamation in North Dakota?

What is the statute of limitations for property damage in North Dakota?

Do you have to notify the government before suing in North Dakota?

Get Help in North Dakota