Title 28 — Judicial Procedure, Civil

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.…

No entry upon real estate may be deemed sufficient or valid as a claim unless an action is commenced thereon within one year after the making of such entry and within twenty years from the time when the right to make such entry descended or accrued.

In every action for the recovery of real property or for the possession thereof, the person establishing a legal title to the premises must be presumed to have been possessed thereof within the time required by law, and the occupation of such premises by any other person must be …

Whenever it appears that the occupant, or those under whom the occupant claims, entered into the possession of premises under a claim of title exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon th…

For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or upon a judgment or decree, land must be deemed to have been so possessed and occupied in each of the following cases: 1. When it has been usually cultivated o…

For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument nor upon a judgment or decree, land shall be deemed to have been possessed and occupied only in the following cases: 1. When it has been protected by a substanti…

Whenever the relation of landlord and tenant has existed, the possession of the tenant must be deemed the possession of the landlord, until the expiration of twenty years from the termination of the tenancy, or, when there has been no written lease, until the expiration of twenty…

The right of a person to the possession of any real property is not impaired nor affected by a descent being cast in consequence of the death of a person in possession of such property.

If a person who is entitled to maintain any of the actions affecting real estate mentioned in this chapter, or entitled to interpose a defense or counterclaim to such an action, or entitled to make an entry upon real property is: 1. Under the age of eighteen years; 2. Insane; or …

The following actions must be commenced within ten years after the claim for relief has accrued: 1. An action upon a judgment or decree of any court of the United States or of any state or territory within the United States; 2. An action upon a contract contained in any conveyanc…

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 stat…

The following actions must be commenced within three years after the claim for relief has accrued: 1. An action against a sheriff or coroner upon a liability incurred by the doing of an act in the sheriff's or coroner's official capacity and by virtue of that office, or by the om…

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. 2. An action upon a statute for a forfeiture or penalty to the stat…

An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process must be commenced within one year after the claim for relief has accrued.

An action upon a statute for a penalty or forfeiture given in whole or in part to any person who will prosecute for the same must be commenced within one year after the commission of the offense and if the action is not commenced within the year by a private party, it may be comm…

No action, defense, or counterclaim founded upon a right of homestead in property conveyed or encumbered, otherwise than as provided by the law in force at the time of the execution of such conveyance or encumbrance, and for which no declaration of homestead has been filed previo…

An action for relief not otherwise provided for must be commenced within ten years after the claim for relief has accrued.

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 c…

The limitations prescribed in this chapter apply to actions brought in the name of the state, or for its benefit, in the same manner as to actions by private parties.

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 disco…

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 executio…

1. Notwithstanding section 28-01-25, a claim for relief resulting from childhood sexual abuse must be commenced within twenty-one years after the potential claim resulting from alleged childhood sexual abuse accrued. 2. If the plaintiff was under fifteen years of age when the act…

A claim 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 within nine years after the date of the act.

If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof and the claim for relief survives, an action may be commenced by that person's representatives after the expiration of that time and within one year from that perso…

No action or claim for relief, except for breach of promise, alienation of affections, libel, and slander, abates by the death of a party or of a person who might have been a party had such death not occurred.

When a person is a subject or a citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of any action.

If an action is commenced within the time prescribed therefor and the judgment therein is reversed on appeal, the plaintiff, or, if the plaintiff dies and the claim for relief survives, the plaintiff's heirs or representatives, may commence a new action within one year after the …

When the commencement of an action is stayed by injunction or other order of a court, or by a statutory prohibition, the time of the continuance of the stay is not a part of the time limited for the commencement of the action.

One may not avail oneself of a disability, unless it existed when that person's claim for relief accrued.

When two or more disabilities coexist at the time the claim for relief accrues, the limitation does not attach until they are all removed.

If any person is out of this state at the time a claim for relief accrues against that person, an action on such claim for relief may be commenced in this state at any time within the term limited in this chapter for the bringing of an action on such claim for relief after the re…

This chapter does not affect actions to enforce the payment of bills, notes, or other evidence of debt, issued by moneyed corporations, or issued or put in circulation as money. 28-01-36. New promise must be in writing in order to extend limitation - Effect of any payment. No ack…

In an action brought to recover a balance due upon a mutual open, and current account, when there have been reciprocal demands between the parties, the claim for relief is deemed to have accrued from the time of the last item proved in the account on either side.

An action is commenced as to each defendant when the summons is served on that defendant, or on a codefendant who is a joint contractor or otherwise united in interest with that defendant. An attempt to commence an action is equivalent to the commencement thereof within the meani…

The objection that an action was not commenced within the time limited by law can only be taken by answer.

Repealed by S.L. 1985, ch. 103, § 10.

Repealed by S.L. 1985, ch. 103, § 10. 28-01-42. Cancellation or enforcement of contract for sale of real estate - Limitation - When time begins to run - Commencement of proceedings. No action or proceeding may be maintained by a person out of possession to cancel or enforce any c…

An action founded upon an error or omission in an abstract may be commenced against an abstracter at any time within twenty years after the date of the certificate of the abstract. 28-01-46. Expert opinion required to maintain an action based upon alleged medical negligence excep…

A party who commences an action for malpractice, error, mistake, or failure to cure, whether based on contract or tort, against a health care provider, as defined in section 32-42-01, or a health care facility, on the person's own behalf or in a representative capacity, waives in…

1. The legislative assembly finds that it is in the interest of the general public, particularly those persons who may bring claims regarding materials containing asbestos in public buildings and those against whom the claims may be brought, to set a specific date by which public…

An action for recovery of damages against a person licensed under chapter 43-23 which results from a breach of duty relating to a real estate transaction must be commenced within three years after the claim for relief has accrued.

When an infant is plaintiff, a guardian ad litem may be appointed upon the application of the infant if the infant is at least fourteen years of age. If the infant is under that age, the application may be made by the infant's guardian or conservator, if the infant has one, or by…

When an infant is defendant and resides in this state, a guardian ad litem may be appointed upon the application of the infant if the infant is at least fourteen years of age and applies within twenty days after the service of the summons. If the infant is under the age of fourte…

In actions for the partition of real property or for the foreclosure of a mortgage or other lien, and in all actions affecting the title to real property, and in all other actions wherein an infant is a proper or necessary party and such infant resides out of this state, a guardi…

When the defendant, at the time the action is commenced, is a person of unsound mind, and no guardian or conservator has been appointed, the court shall appoint a guardian for the defendant for the purposes of the action. If during the pendency of an action either party becomes o…

No person appointed a guardian for the purpose of defending an action brought against an infant or person of unsound mind is liable for the costs of such action, unless specially charged by order of the court resulting from a personal misfeasance by the guardian.

An action for any one of the following causes must be brought in the county in which the subject matter of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial upon agreement of counsel or in other cases provided by statute…

An action for any of the following causes must be tried in the county in which the subject of the action, or some part of the subject, is situated, subject to the power of the court to change the place of trial in the cases provided by sections 28-04-09 and 28-04-10: 1. For the r…

An action for any one of the following causes must be tried in the county where the cause or some part thereof arose, subject to the power of the court to change the place of trial as provided in sections 28-04-09 and 28-04-10: 1. For the recovery of a penalty or forfeiture impos…

An action against the owner or driver of any motor vehicle arising out of and by reason of the negligent driving, operation, management, or control of such motor vehicle may be brought either in the county where such action arose, in the county of the residence of the defendant, …