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| Commentary | Resources |
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North Dakota has a common law discovery doctrine which provides that the statute of limitations expires 2 years from when the claimant knows, or with reasonable diligence should know, that a potential claim exists. For example, in Peterson v. Hurso, 552 N.W.2d 83 (N.D. 1996), the Court saved the claims of a repressed memory CSA victim, ruling that the discovery rule should have been applied to child sexual abuse victim's claim, not more limiting disability tolling provision. The Court confirmed and clarified its position by stating:
In Osland v. Osland, 442 N.W.2d 907, 909 (N.D. 1989), we affirmed the use of the "discovery rule" to preclude application of the regular statute-of-limitations period to bar a sexual-abuse victim's claim after the trial court found the victim was "unable to fully understand or discover her cause of action during the applicable statutory limitations period." Under the discovery rule, as we explained in BASF Corp. v. Symington, 512 N.W.2d 692, 695 (N.D. 1994), the statute of "limitations period does not begin to run until the claimant knows, or with reasonable diligence should know, that a potential claim exists.
The statute of limitations for assault and battery is 2 years from the act or acts constituting assault and battery. ND ST 28-01-18.
There is also a provision that suspends statutes of limitations until a minor reaches the age of majority ("infancy tolling"). ND ST 28-01-25. The statute provides that cases suspended for infancy, must be put in suit within 1 year of the victim reaching the age of majority (18).
Resources:
- North Dakota Statutes
- North Dakota Council on Abused Women and the North Dakota Coalition Against Sexual Assault
- North Dakota links and resources from Women's Law
Revised 09/03/2007. Copyright Susan K. Smith 1996-2002
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