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What Is the Statute of Limitations in North Dakota?
The statute of limitations in North Dakota refers to the legal time limit for state prosecutors to bring criminal charges against a suspect or for private individuals to file a civil lawsuit. Such deadlines ensure that legal processes and cases operate efficiently and fairly. By setting deadlines for prosecutions and civil cases, the legal system preserves evidence from being lost or tampered with and ensures witnesses provide fresh and reliable testimony.
Statutes of limitations also allow different types of cases (felony, misdemeanor, or infraction) to progress promptly, balancing the need for justice for victims and plaintiffs with the rights of defendants for a swift trial.
How Long Is the Statute of Limitations in North Dakota?
The time limit or deadline for filing a lawsuit in North Dakota depends on the nature of the case and whether it is a criminal prosecution or a civil lawsuit. The statutes of limitations for criminal prosecutions are listed in the North Dakota Century Code, Sections 29-04-01 to 29-04-05, and those for civil cases are shown in the North Dakota Century Code Chapter 28-01. These statutes of limitations for North Dakota establish the various deadlines for filing criminal and civil cases. For example, people have six years to file a civil case for personal injury, and prosecutors must file charges for general misdemeanors within 2 years. These guidelines are strict, and missing a deadline means the case may be dismissed.
The table below shows some general details for statutes of Limitations for North Dakota.
| Type of Case | Statute of Limitations | Notes/law |
|---|---|---|
| Misdemeanors | 2 years | Prosecution must begin within two years of the commission of the last act of the crime. N.D.C.C. § 29-04-03 |
| Murder and Major Felonies | No statute of limitations | Murder can be prosecuted at any time. N.D.C.C. § 29-04-01 |
| Other Felonies | 3 years | Prosecution for other felonies apart from murder and certain major felonies must begin within 3 years after their commission. N.D.C.C.§ 29-04-02 |
| Civil Cases | 1 to 10 years | The statute of limitations for filing civil lawsuits will vary according to the nature and seriousness of the claim. N.D.C.C. § 28-01-15 to 19 |
What Crimes Have No Statute of Limitations in North Dakota
Crimes in North Dakota usually have a statute of limitations on how long the prosecutors can file charges against suspects. However, some crimes are so serious that they have no statute of limitations and can be prosecuted at any time.
Major felonies such as murder and several others have no statute of limitations; prosecutors can file charges in such cases no matter how long has passed. This allows new evidence, confessions, and witnesses to be introduced many years later.
Examples of crimes with no statute of limitations in North Dakota include the following:
- Murder
- Attempted murder
- Certain sexual offenses
- Kidnapping
Criminal Statute of Limitations in North Dakota
The criminal statute of limitations in North Dakota determines how long a prosecutor has to file charges against offenders (N.D.C.C § 29-04). The statutes will usually vary according to the nature and severity of the offense. These deadlines are very important because charges cannot be filed, and cases brought before a judge may be dismissed if the deadline has already expired.
- Misdemeanors: These are more minor offenses, such as simple assault and trespassing. Typically, the misdemeanor statute of limitations is 2 years, and prosecutors must file charges within this period.
- General Felonies: Most felonies in North Dakota have a felony time limit or statute of limitations of 3 years. Some exceptions include sexual offenses against a child and human trafficking, which have longer time limits of up to 7 years.
- Major Felonies: Major felonies such as murder, kidnapping, and certain sexual offenses have no statute of limitations. This means charges can be filed against offenders regardless of how long has passed.
Certain situations may cause delayed time limits or otherwise affect the statute of limitations.
- For example, if a suspect hides to avoid charges or flees North Dakota, the statute of limitations timer is paused/frozen until they are found or return. This process is known as tolling.
- If new evidence is found, particularly DNA evidence, prosecutors may be able to reopen cases and pursue charges even if the deadline has expired
- Statute of limitations clocks may also be delayed and only start to count when a crime is reported or uncovered.
| Type of Offense | Statute of limitations |
|---|---|
| Human trafficking. | 7 years. N.D.C.C § 29-04-02.1. |
| Sexual abuse against a child(Minor under 18) | 3 years from when the offense is reported to authorities or 21 years from when the offense was committed. N.D.C.C § 29-04-03.1. |
| Simple Assault. | 2 years. N.D.C.C § 29-04-03 |
| Aggravated Assault. | 3 years. N.D.C.C § 29-04-02 |
| Murder. | No statute of limitations. N.D.C.C §29-04-01. |
Is There a Statute of Limitations on Attempted Murder?
There is no statute of limitations for attempted murder in North Dakota. This means there is no limit to how long someone can be charged with attempted murder in North Dakota. Attempted murder and murder are considered major felonies; hence, prosecutors are allowed to bring charges against the suspect at any time.
Statute of Limitations on Sexual Assault in North Dakota
The sexual assault statute of limitations for North Dakota may vary between criminal prosecutions and civil lawsuits. Criminal acts of sexual assault typically have a statute of limitations of 21 years from when the assault occurred. However, if it was not discovered or reported during that time, charges can be filed within 3 years of when the offense was reported to police or within 3 years of a suspect being identified by evidence such as DNA. For civil cases, the time limit for filing sexual abuse claims in North Dakota is 9 years if the victim is an adult.
If the victim is a child under 15 years old, the statute of limitations remains 21 years, but the clock does not start until the victim turns 15. This rule applies to both civil and criminal cases.
This typically means that if the survivor was a minor, both civil and criminal lawsuits can be filed until they turn 36 years old.
Civil Statute of Limitations in North Dakota
Understanding the civil statute of limitations in North Dakota is important when considering a lawsuit. The statute of limitations sets civil lawsuit deadlines in North Dakota.
When filing civil lawsuits against a defendant in matters concerning defamation, personal injuries, property damages, and contract breaches, interested parties must take note of their filing headlines, which determine how long they have to sue in North Dakota. Missing these deadlines generally means that the claim can no longer be filed or will be dismissed in court.
| Type of Case | Statute of Limitations |
|---|---|
| Property Damage. (trespassing, fraud, etc.) | 6 years. N.D.C.C § 28-01-16 (4) |
| Medical Malpractice (misdiagnosis, surgical errors, etc.) | 2 years from the date of discovery. Total time of 6 years. N.D.C.C § 28-01-18(3) |
| Defamation(Slander and Libel) | 2 years. N.D.C.C § 28-01-18 |
| Personal Injury (accidents, slips) | 6 years. N.D.C.C § 28-01-16(5) |
| Contract breaches(written or oral) | 6 years N.D.C.C § 28-01-16(1) |
Statute of Limitations for Medical Malpractice in North Dakota
The North Dakota Medical Malpractice statute of limitations determines how long it takes to sue a doctor in North Dakota. If a patient misses this deadline, their case may be dismissed, and they may no longer be able to make a medical malpractice claim, no matter how serious their issue is.
The general medical malpractice claim deadline in North Dakota is 2 years from the date of the event. North Dakota also implements the discovery rule. This means that in some cases, where the issue or injury was not found immediately, the 2-year deadline begins from when the issue was discovered or reasonably should have been found. There is also a maximum deadline of 6 years.
Before a medical malpractice claim is filed in North Dakota, the plaintiff must provide prior notice in the form of a written notice of intent to all health care providers in the case 90 days before filing the claim. The plaintiff must also file an affidavit from a qualified medical expert witness within 3 months of the start of the case.
| Type of Case | Statute of limitations |
|---|---|
| Surgical errors where the doctor operated on the wrong body part or forgot a foreign object in the patient after a procedure | 2 years from the discovery of the issue or a total of 6 years from the date of the procedure |
| The Doctor provided a late diagnosis or misdiagnosed the patient | 2 years. The discovery rule also applies |
| The doctor prescribed the wrong drug or an incorrect dosage | 2 years |
| Staff neglected the patient, which led to additional injuries | 2 years |
Statute of Limitations for Debt in North Dakota
How long debt can be collected in North Dakota is determined by the debt statute of limitations.This deadline may vary depending on the nature of the debt, but the general statute of limitations for collecting debts, such as unpaid credit card debt, in North Dakota is 6 years. It should be noted that the statute of limitations expiring does not eliminate the debt. The debt still exists, but creditors cannot use the courts and legal system to sue debtors for repayment when the deadline passes. It should be noted that although the debt may no longer be collected via the courts, it may still remain on the debtors credit report for 7 years.
Although the debt statute of limitations gives creditors a limited period to sue for payment, certain acts may extend the deadline. For example, acknowledging the debt in writing or making a payment towards a date will reset the deadline. For example, if a debtor stopped paying their credit card debt in 2020, the creditor has until 2026 to sue. However, if the debtor made a payment in 2022, it may reset the 6-year countdown, giving the creditor up to 2028 to sue. If the creditor wins a court judgment, the payment deadline is extended to 10 years, which can be extended and rolled over.
| Type of Debt | Statute of limitations |
|---|---|
| Personal loans | 6 years |
| Medical bills | 6 years |
| Auto loans | 4 years to 6 years. Depending on the type of car loan |
| Unpaid credit card debt | 6 years |
Statute of Limitations for Child Abuse and Child Support in North Dakota
The child abuse statute of limitations in North Dakota determines how long civil lawsuits and criminal prosecutions can be brought against suspects in the state. Criminally, the statute of limitations for reporting child abuse is 21 years. If the child was under 15 years old when the abuse occurred, the 21-year time limit will not begin to count until the child turns 15. At that time, the courts will have 21 years to file criminal charges. If the abuse went unreported and the 21 years passed, charges may still be filed within 3 years of the crime being reported or within 3 years of the offender being identified by new evidence, including DNA.
The civil statute of limitations for child abuse is very similar to the criminal deadline. Survivors of childhood sexual abuse have 21 years in which to file a civil lawsuit against their abusers, and the clock starts after they turn 15 years old. This means they can file a lawsuit until they turn 36.
A child support order in North Dakota orders the payment of child support to the custodial parent and remains in effect till the child turns 18. The state employs several strong methods for child support enforcement to ensure payment. Unpaid child support does not expire; once the order is issued, it continues until completed. Examples of measures taken to enforce child support payment in North Dakota include the following.
- Child support arrears do not expire. North Dakota allows them to be added to the lien registry. This creates liens on the debtor’s real and titled property until the child support is completely paid off.
- Any parent who intentionally fails to pay may face criminal charges up to a Class C felony.
- The court may withhold or garnish the parents' wages until the payments are made.
- The court may also suspend the owning parent’s licenses, including recreational, driver's, and professional licenses, particularly if the payment plans are ignored and arrears exceed 3 months.