North Dakota § 28-01-26 Limitation in case of death

North Dakota Statutes

§ 28-01-26 — Limitation in case of death

North Dakota § 28-01-26

Title 28Judicial Procedure, Civil

Ch. 28-01Time for Commencing Actions

This text of North Dakota § 28-01-26 (Limitation in case of death) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 28-01-26 (2026).

Text

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 person's
death. If a person against whom an action may be brought dies before the expiration of the time
limited for the commencement thereof and the claim for relief survives and is not one based
upon a claim which may be filed proceeding under title 30.1, an action may be commenced
against that person's personal representative after the expiration of that time and within one
year after the issuing of letters.

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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 person's
death. If a person against whom an action may be brought dies before the expiration of the time
limited for the commencement thereof and the claim for relief survives and is not one based
upon a claim which may be filed proceeding under title 30.1, an action may be commenced
against that person's personal representative after the expiration of that time and within one
year after the issuing of letters.