## How the limitation period applies

The controlling primary authority for US-ND wrongful death SOL (N.D. Cent. Code § 28-01-18(4)) is **N.D. Cent. Code § 28-01-18(4)**.

> **N.D. Cent. Code § 28-01-18(4).** rt of competent jurisdiction, an action for the recovery of the premises so conveyed may be brought either by this state or by any subsequent grantee of the premises, or the subsequent grantee's heirs or assigns, within twenty years after the date on which such judgment was rendered, but not after that period. 28-01-04. Actions for recovery or possession of real property - Limitations. No action for the recovery of real property or for the possession thereof may be maintained, unless the plaintiff, or the plaintiff's ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action. 28-01-05. Actions founded upon

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [N.D. Cent. Code § 28-01-18(4) — N.D. Cent. Code § 28-01-18(4)](https://www.ndlegis.gov/cencode/t28c01.pdf)

All sources are official primary law published by `www.ndlegis.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of Limitations for Wrongful Death in North Dakota.

Statute of Limitations for Wrongful Death in North Dakota

The following actions must be commenced within six years after the claim for relief has accrued: 1. An action upon a contract, obligation, or liability, express or implied, subject to the provisions of sections 28-01-15 and 41-02-104.

Except as otherwise provided by law, a prosecution for any felony other than murder must be commenced within three years after its commission.

The following actions must be commenced within six years after the claim for relief has accrued: ... 6. An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: ... 3. An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25.

Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: 1. An action for libel, slander, assault, battery, or false imprisonment.

The following actions must be commenced within six years after the claim for relief has accrued: 5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.

The following actions must be commenced within six years after the claim for relief has accrued: ... 5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.

The following actions must be commenced within six years after the claim for relief has accrued: ... 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.

Except as otherwise limited by this section, if a complaint of a discriminatory practice is first filed with the department, the period of limitation for bringing an action in the district court is ninety days from the date the department dismisses the complaint or issues a written probable cause determination.

The following actions must be commenced within six years after the claim for relief has accrued: ... 3. An action for trespass upon real property.

UCC § 2-725 as adopted in N.D. Cent. Code § 41-02-104: an action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

Except as provided in section 28-01-25.2, the following actions must be commenced within two years after the claim for relief has accrued: ... 4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.

28-01-16. Actions having six-year limitations. The following actions must be commenced within six years after the claim for relief has accrued: 1. An action upon a contract, obligation, or liability, express or implied, subject to the provisions of sections 28-01-15 and 41-02-104. 2. An action upon a liability created by statute, other than a penalty or forfeiture, when not otherwise expressly provided. 3. An action for trespass upon real property. 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided. 6. An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.

Under N.D. Cent. Code § 28-01-16(5), an action for criminal conversation or for any other injury to the person or rights of another not arising upon contract (when not otherwise expressly provided) must be commenced within six years. This 6-year rule controls general PI, negligence, premises liability, product liability, slip-and-fall, and dog bite in North Dakota — among the longest PI SOLs nationally.

Statute of limitations for breach written contract in US-ND is 6 years under N.D. Cent. Code § 28-01-16(1).

Statute of limitations for breach oral contract in US-ND is 6 years under N.D. Cent. Code § 28-01-16(1).

Statute of limitations for ucc sale of goods in US-ND is 4 years under N.D. Cent. Code § 41-02-104.

UCC sale-of-goods breach claims in North Dakota have a 4-year SOL under N.D. Cent. Code § 41-02-104.

Under N.D. Cent. Code § 28-01-16(1), an action upon a contract, obligation, or liability, express or implied, must be commenced within six years after the claim accrues; a promissory note is a written contract, so an action on promissory-note debt is governed by this six-year period.

28-01-25. Disabilities extend limitations on actions generally - Exceptions. If a person who is entitled to bring an action other than for the recovery of real property, or for a penalty or forfeiture, or against a sheriff or other officer for an escape is: 1. Under the age of eighteen years; 2. Insane; or 3. Imprisoned on a criminal charge or in execution under the sentence of a criminal court for a term less than for life, at the time the claim for relief accrues, the time of such disability is not a part of the time limited for the commencement of the action. However, the period within which the action must be brought cannot be extended more than five years by any such disability except infancy, nor can it be extended in any case longer than one year after the disability ceases. In cases alleging professional malpractice, the extension of the limitation due to infancy is limited to twelve years.

28-01-24. Limitations on claims for relief fraudulently concealed. When, by fraud or fraudulent concealment, a party against whom a claim for relief exists prevents the person in whose favor such claim for relief exists from obtaining knowledge thereof, the latter may commence an action within one year from the time the claim for relief is discovered by the latter or might have been discovered by the latter in the exercise of diligence. Such fraud or fraudulent concealment must be established to the satisfaction of the court or jury, as the case may be, by a fair preponderance of the evidence.