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A Claim Against the Government

N.D.C.C. § 32-12.2-04 — notice to the state within 180 days, and N.D.C.C. § 32-12.1-10 — three years to sue a political subdivision

A person bringing a claim against the state of North Dakota or a state employee for an injury presents a written notice to the director of the office of management and budget within 180 days after the injury is discovered or reasonably should have been. It states the time, place and circumstances, the names of any state employees known to be involved, and the amount of compensation or other relief demanded.

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Who handles this in North Dakota: legal aid programs and the state offices, listed in the North Dakota directory.

For a serious injury the notice is due within one year. The time does not include any period the injured person is incapacitated by the injury from giving notice.

An action against a political subdivision under its chapter is commenced within three years after the claim for relief accrues, with longer periods for claims based on a sexual act.

Whether a claim falls under either chapter, and what makes an injury serious, are questions for a licensed North Dakota attorney.

Sources for this section (2)
  1. N.D.C.C. § 32-12.2-04 — Claims against the state; notice of claim
  2. N.D.C.C. § 32-12.1-10 — Limitation of actions; notice of claim

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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