Legal immunity from suit or liability (in civil litigation) or immunity from prosecution (in criminal prosecutions) is a legal status that protects an individual or entity from liability or criminal prosecution. Immunity may be given to the person or entity by law (usually a state or federal statute) or by the agreement of a party to the litigation (usually in the context of a criminal prosecution)—generally for some greater policy goal. Some common types of immunity include (1) judicial immunity; (2) witness immunity; (3) diplomatic immunity; and (4) governmental or sovereign immunity.

In North Dakota, as in other states, various forms of legal immunity protect certain individuals and entities from civil lawsuits or criminal prosecution. Judicial immunity in North Dakota shields judges from liability for acts performed in their official capacity, ensuring that judges can perform their duties without fear of personal consequences. Witness immunity may be granted to witnesses in criminal cases to encourage them to testify truthfully without fear of prosecution based on their testimony. Diplomatic immunity, which is governed by federal law and international treaties, protects foreign diplomats from legal action in the U.S. Lastly, governmental or sovereign immunity generally protects the state and its subdivisions, including agencies and officials, from being sued without their consent. This immunity is subject to exceptions, such as those outlined in the North Dakota Tort Claims Act, which waives sovereign immunity in certain situations, allowing for lawsuits against the state government under specified conditions.