Defamation Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D.C.C. § 28-01-18 ✓ verified · 3 sources
The deadline
2 years
from When the cause of action accrues (generally the date of first publication of the defamatory statement), under N.D.C.C. § 28-01-18.
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The deadline to file a defamation lawsuit in North Dakota is 2 years, set by N.D.C.C. § 28-01-18. It starts running on When the cause of action accrues (generally the date of first publication of the defamatory statement). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Defamation | 2 years | N.D.C.C. § 28-01-18 |
| Car Accident | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Credit Card Debt | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Dog Bite | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Breach of Contract | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Debt | 6 yrs | N.D.C.C. § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for defamation and libel claims generally begins on When the cause of action accrues (generally the date of first publication of the defamatory statement). North Dakota does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 180-day notice required under N.D.C.C. § 32-12.2-04 for tort claims against state agencies and political subdivisions
Two-year limitation for libel, slander, assault, battery, and false imprisonment under N.D.C.C. § 28-01-18. Statute text appears in Chapter 28-01 (Time for Commencing Actions), section 28-01-18. Minor tolling available under N.D.C.C. § 28-01-25.
Source: N.D.C.C. § 28-01-18, official North Dakota statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for North Dakota government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 2 years | N.D.C.C. § 28-01-18 |
| Minnesota | 2 yrs | Minn. Stat. § 541.07(1) |
| South Dakota | 2 yrs | SDCL § 15-2-15 |
| Montana | 2 yrs | Mont. Code Ann. § 27-2-204(3) |
Frequently Asked Questions
How long do I have to file a defamation lawsuit in North Dakota?
You have 2 years from When the cause of action accrues (generally the date of first publication of the defamatory statement), under N.D.C.C. § 28-01-18.
Can I still sue after 2 years in North Dakota?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
North Dakota generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
180-day notice required under N.D.C.C. § 32-12.2-04 for tort claims against state agencies and political subdivisions
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Sources
- Official N.D.C.C. Chapter 28-01 — Time for Commencing Actions Including § 28-01-18 (Two-Year Limitation for Libel and Slander) (North Dakota Legislative Branch)
- Corroborating North Dakota Century Code Chapter 28-01 — Time for Commencing Actions Including § 28-01-18 (Justia)
- Corroborating North Dakota Century Code § 28-01-18 — Two-Year Limitation for Libel and Slander (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed North Dakota attorney.