North Dakota Notice of Claim Against State

Introduction

Key Things to Know

1. 1

   The deadline is strict, and missing it can bar the claim. Written notice of a claim against the State must be presented to the director of the Office of Management and Budget within 180 days after the alleged injury is discovered or reasonably should have been discovered (N.D.C.C. 32-12.2-04(1)). Reading the statute or contacting the Risk Management Division confirms the current rule.

2. 2

   The notice period is 1 year instead of 180 days for a serious injury, as defined in N.D.C.C. 26.1-41-01. The time for giving notice is waived for sexual-offense claims, and it does not include any time the injured person is incapacitated by the injury from giving the notice.

3. 3

   The notice goes to the director of the Office of Management and Budget, Risk Management Division, 1600 E. Century Ave., Suite 4, Bismarck, ND 58503. The Risk Management notice form provides for mailing it.

4. 4

   The notice states the time, place and circumstances of the claim, the names of any state employees known to be involved, and the amount of compensation or other relief demanded.

5. 5

   The Office of Management and Budget publishes form SFN 50552 (08-2025), State Risk Management Fund Notice of Claim, on its Risk Services page. Ask the Risk Management Division whether it wants the claim on that form.

6. 6

   After the notice is received, the OMB director must notify the head of the agency involved, the attorney general and any insurer in a timely manner (32-12.2-04(2)). A suit against the State or its employees must be commenced within 3 years after the claim for relief accrues (N.D.C.C. 28-01-22.1), and a copy of the summons and complaint must be delivered to the OMB director when served (32-12.2-04(5)).

7. 7

   For a city, county or other political subdivision, N.D.C.C. 32-12.1-10 sets a suit deadline: except as otherwise provided in that section, an action must be commenced within 3 years after the claim for relief accrues. Contact the entity's clerk or risk management office to ask about its own claim process, and do not let that process delay the suit deadline.

North Dakota Requirements for Notice of Claim

• 180-Day Notice for State Claims

  N.D.C.C. 32-12.2-04(1): written notice is due to the OMB director within 180 days after the alleged injury is discovered or reasonably should have been discovered.

• Serious Injury and Other Timing Rules

  N.D.C.C. 32-12.2-04(1): 1 year for a serious injury as defined in 26.1-41-01; the time is waived for sexual-offense claims and excludes time the injured person is incapacitated by the injury.

• Recipient

  The notice goes to the director of the Office of Management and Budget, Risk Management Division, 1600 E. Century Ave., Suite 4, Bismarck, ND 58503.

• Suit Deadline and Service Copy

  N.D.C.C. 28-01-22.1: an action against the State must be commenced within 3 years after accrual. Under 32-12.2-04(5), a copy of the summons and complaint goes to the OMB director when served.

• Political Subdivision Suit Deadline

  N.D.C.C. 32-12.1-10: except as otherwise provided in that section, an action against a political subdivision must be commenced within 3 years after the claim for relief accrues.

• Damages Limits

  N.D.C.C. 32-12.2-02(2) and 32-12.1-03(2): liability is limited to $500,000 per person and $2,000,000 for all claims from a single occurrence.

• Required Notice Contents

  State the time, place and circumstances of the claim, the names of any state employees known to be involved, and the amount of compensation or other relief demanded.