28-01-22.1. Actions against state - Limitation.
219 words·~1 min read·
/nd/title-28/chapter-28-01-time-for-commencing-actions/28-01-22-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. When not otherwise specifically provided by law, an action against the state or its
employees and officials acting within the scope of their employment or office must be
commenced within three years after the claim for relief has accrued.
2. For purposes of this section, the claim for relief is deemed to have accrued at the time
it is discovered or might have been discovered in the exercise of reasonable diligence.
This may not be construed as a waiver of immunity.
3. Notwithstanding subsections 1 and 2, an action for relief that resulted from sexual
assault, sexual abuse, gross sexual imposition, or any other claim based on a sexual
act or sexual contact as defined in chapter 12.1-20 must be commenced:
a. Within nine years after the date the act occurred; or
b. Within twenty-one years after the date the act occurred, if the act occurred when
the plaintiff was under eighteen years of age.
4. If the plaintiff was under fifteen years of age when a claim for relief resulting from
sexual assault, sexual abuse, gross sexual imposition, or any other claim based on a
sexual act or sexual contact as defined in chapter 12.1-20 occurred, the applicable
twenty-one year period of limitation does not begin to run until the plaintiff has reached
fifteen years of age.