Statute of Limitations ND- Summary
North Dakota’s statute of limitations establishes a deadline before which civil cases – such as lawsuits – must be filed in the state. In relation to criminal charges, it also prevents prosecutors from charging an individual with a crime after a specified period of time has passed. The statutes of limitations for different civil actions and crimes can vary from state to state, so read on for more information about how they apply in North Dakota.
North Dakota Civil Statute of Limitations
North Carolina’s civil statute of limitations sets deadlines under which lawsuits and other civil actions must be filed in the state. These limits typically range from two – ten years, depending on the type of case or procedure. The date or discovery of an incident is usually when time starts counting down.
Be aware that if you fail to file your civil claim before the established deadline, the opposing party can use the statute of limitations in their defense and file a motion to dismiss the case on the basis that the time allotted to file it has already passed. Any legal claim will be lost forever once your case is dismissed.
A summary of civil statutes of limitations in North Dakota:
|Injury to Person||6 yrs. §28-01-18|
|Libel/Slander||2 yrs. §28-01-18|
|Fraud||6 yrs. §28-01-16(6)|
|Injury to Personal Property||6 yrs. §28-01-16(4)|
|Professional Malpractice||2 yrs.; (Medical: max. 6 yrs.) §28-01-18|
|Trespass||6 yrs. §28-01-16(3)|
|Collection of Rents||6 yrs. §28-01-16(2)|
|Contracts||Written: 6 yrs. §28-01-16(1); Oral: 6 yrs. §28-01-16(1)|
|Collection of Debt on Account||6 yrs. §28-01-16(2)|
|Judgments||10 yrs. §28-01-15|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a North Dakota attorney or doing legal research of your own to verify the state law(s) you’re researching.
North Dakota Criminal Statute of Limitations
North Dakota’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. Like most states, it does not place a deadline on bringing charges for the crime of murder. Most other felonies committed in North Dakota must be prosecuted within three years, and misdemeanors carry a two-year statute of limitations.
A summary of criminal statutes of limitations in North Dakota:
|Code Section||North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-04-01 to 29-04-04|
|Felonies||Murder: none; human trafficking: 7 yrs.; sexual abuse against minors: 10 yrs. (or 3 yrs. upon indictment); other felonies: 3 yrs.|
|Acts During Which Statute Does Not Run||If the suspect is absent state.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a North Dakota attorney or doing legal research of your own to verify the state law(s) you’re researching.