Statute of Limitations for Assault and Battery (intentional tort) in North Dakota

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In North Dakota, the statute of limitations for assault and battery (intentional tort) is generally 6 years under N.D. Cent. Code § 28-01-16.

For timing purposes, “assault” and “battery” are typically treated as intentional torts—claims based on harmful or threatening conduct—rather than negligence-based theories. North Dakota’s limitations rules are statute-driven, meaning the analysis usually turns on (1) which limitations statute applies and (2) the legal start date (often tied to accrual). Because accrual can vary based on facts and legal doctrines, it’s often safest to model your timeline with a statute-of-limitations calculator.

If you’re building a case timeline—whether you’re assessing viability, preparing a demand, or responding to a complaint—focus on three questions:

• What type of claim is it? Assault/battery intentional tort theories usually track the general tort limitations period if no more specific statute applies.
• When did the claim accrue? The start date matters as much as the length of the limitations period.
• Were there any tolling events? Some circumstances can pause or extend deadlines if the law recognizes them for your situation.

Limitation period

North Dakota’s general limitations period for tort actions “for which no other limitation is prescribed” is 6 years under N.D. Cent. Code § 28-01-16.

What that usually means for assault and battery

Most assault and battery claims are treated as civil actions grounded in intentional conduct. When no separate, more specific statute covers the claim, the “catch-all” tort period is often the one used.

• Time limit: 6 years
• Statute: N.D. Cent. Code § 28-01-16
• Claim type fit: intentional tort damages claims (often pled as assault/battery, and sometimes alongside other intentional harms)

How the deadline is typically calculated

A common workflow for calculating the limitations deadline is:

1. Choose the accrual/start date (often the incident date, unless a legal doctrine shifts accrual).
2. Add 6 years.
3. Account for tolling/extension rules (if they apply) that pause or extend the clock.

Because accrual may depend on the specifics of your allegations and supporting facts, a practical approach is to input your best-supported start date and also test reasonable alternatives (for example, an incident date versus another date supported by your accrual theory).

Key exceptions

Even when the starting point is 6 years, North Dakota law can apply different timing results if a statute expressly provides an exception or if accrual is determined differently based on the claim’s framing and facts.

Common categories to check

With assault/battery intentional tort claims, you’ll typically want to look in these buckets:

• Tolling for legal disability (or other statutory tolling triggers)
  If the plaintiff meets a statutory “disability” definition during part of the relevant period, the clock may be paused or adjusted. Eligibility details can be strict, so it’s important not to assume tolling applies.
• Accrual differences
  Some claims turn on when the plaintiff knew (or should have known) of injury, or on another accrual rule. For intentional torts, accrual is often closely tied to the act and resulting injury—but pleadings and supporting facts can affect the accrual analysis.
• Different statutory classification
  If the lawsuit is framed in a way that actually places part of the claim under a different statutory scheme (even if it’s labeled “assault and battery”), the controlling limitations rule may change.

Practical checklist of exception triggers

Before calculating a deadline, confirm whether any of the following exist in your timeline:

If none apply, the baseline approach—6 years from accrual, adjusted only if warranted by the facts and law—is a reasonable planning starting point.

Statute citation

The controlling limitations language for tort actions in North Dakota is in N.D. Cent. Code § 28-01-16.

• Rule (high-level): Tort claims for which no other limitation is prescribed are subject to a 6-year limitations period.
• Application: Assault and battery intentional tort claims often fall under this provision when no more specific statute applies.

In practice, treat § 28-01-16 as the main “length of the fuse,” then determine the “lit start date” (accrual) and whether any tolling doctrines pause the fuse.

Use the calculator

DocketMath’s statute-of-limitations calculator turns N.D. Cent. Code § 28-01-16 (6 years) into a usable deadline based on your selected start date and any tolling inputs.

Use the calculator here:

• /tools/statute-of-limitations

What you’ll enter (and what changes the output)

Common inputs for statute-of-limitations calculators in this category include:

• Accrual/start date (often the incident date for assault/battery, unless your facts support another accrual date)
• Jurisdiction (US-ND)
• Claim type (intentional tort: assault/battery)
• Optional/timing fields (depending on how the tool is designed), such as:

  • Tolling/pause details
  • Alternate accrual scenario selection

How outputs change with inputs

In general:

• Later accrual/start date → later deadline (the 6-year window starts later)
• Earlier accrual/start date → earlier deadline
• Adding tolling/pause time → extended deadline (if tolling is supported by the tool’s options)
• Changing claim type classification → different controlling rule may apply, altering the period length or deadline method

Quick workflow (recommended)

1. Enter US-ND.
2. Select the intentional tort category for assault/battery.
3. Enter your best-supported accrual/start date.
4. Check whether your facts suggest tolling or a different accrual date.
5. If you’re uncertain, run scenario comparisons (for example):

   • Scenario A: start date = incident date
   • Scenario B: start date = later date supported by your accrual theory

Finally, keep a record of the assumptions you used (especially the start date). Disputes often focus on accrual, not just the number of years.

This tool can help you calculate a date range, but it can’t confirm that a particular accrual or tolling theory will ultimately be accepted in your specific case.

Sources and references

Start with the primary authority for North Dakota and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• N.D. Cent. Code § 28-01-18

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator