A statute of limitations is a law that outlines how long a person has to file a lawsuit. The law sets the maximum amount of time that a party may initiate legal proceedings from the date of an alleged offense, civil or criminal. In civil law systems, this is known as a prescriptive period.
Supporters of statutes of limitations believe they are necessary as important evidence may be time-sensitive, and witnesses' memories may become less clear as time goes on. However, statutes of limitations are controversial when legal action cannot be brought against an offender because the maximum length of time has passed. For example, if a state's medical malpractice state of limitations is two years, a person cannot sue for medical malpractice two years and one day after the incident.
For criminal cases, the statute of limitations dictates how long a prosecutor has to charge someone with a crime. For example, if a person commits a crime but many years have passed, the accused person may not have to go to trial or face criminal punishment depending on the state and the crime. Severe crimes, such as murder, typically have no maximum period. Under international law, crimes against humanity, war crimes, and genocide have no statute of limitations.
Additionally, states have statutes of limitations on debt, which is how long a creditor has to sue an individual for payment on a debt.
In this article, we'll look at the statute of limitations for civil cases. This varies not just by state but also by the type of lawsuit being filed.
The table below contains common statutes of limitations for all 50 states and D.C. from Nolo. This information should be used as a rough guide, and one should their state's actual statute (provided in the table) for their specific claim or speak to an attorney.
State | Civil Cases (Oral) | Civil Cases (Written) | Most Felonies | No Limit Felonies | Personal Injury | Personal Property |
|---|---|---|---|---|---|---|
| Louisiana | 10 | 10 | 4 to 10 | crimes punishable by death or life imprisonment | 1 | 1 |
| Rhode Island | 10 | 10 | 3 to 10 | treason, arson, homicide, counterfeiting, burglary, robbery, forgery, sexual assault, bigamy, child molestation, manufacturing, selling, distributing or possession of a controlled substance, or conspi | 3 | 10 |
| Wyoming | 8 | 10 | all felonies | 2 to 4 | 4 | |
| Alabama | 6 | 6 | 3 | forgery, violent felonies, arson, counterfeiting, drug trafficking, or a sex offense with a person under age 16. | 2 | 2 to 6 |
| Colorado | 6 | 6 | 3 | treason, sex offenses against children, murder, kidnapping, or forgery | 2 to 3 | 2 to 3 |
| Hawaii | 6 | 6 | 3 to 10 | 1st or 2nd degree murder or attempted murder or solicitation to commit murder | 2 | 2 |
| Maine | 6 | 6 | 2 to 6 | incest, rape, gross sexual assault on a victim under 16, homicide, or murder | 6 | 6 |
| Massachusetts | 6 | 6 | 6 to 15 | murder | 3 | 3 |
| Michigan | 6 | 6 | 6 to 10 | murder | 3 | 3 |
| Minnesota | 6 | 6 | 3 to 9 | murder | 2 to 6 | 6 |
| New Jersey | 6 | 6 | 5 to 7 | murder or manslaughter | 2 | 6 |
| New York | 6 | 6 | 1 to 5 | Class A felonies, murder, or rape | 2 to 3 | 3 |
| North Dakota | 6 | 6 | 3 to 10 | murders | 2 to 6 | 6 |
| Ohio | 6 | 8 | 1 to 20 | murder | 1 to 2 | 2 |
| Oregon | 6 | 6 | 6 to 12 | manslaughter or murder | 2 to 3 | 2 to 6 |
| South Dakota | 6 | 6 | 7 | murder | 2 to 3 | 6 |
| Tennessee | 6 | 6 | 2 to 25 | any crime punishable by life imprisonment or death | 1 | 3 |
| Vermont | 6 | 6 | 6 to 40 | arson causing death, kidnapping, sex crimes, or murder | 2 to 3 | 3 |
| Wisconsin | 6 | 6 | all felonies | 2 to 3 | 3 to 6 | |
| Illinois | 5 | 10 | 3 to 7 | involuntary manslaughter, 1st or 2nd degree murder, reckless homicide, treason, arson, child pornography, or forgery | 2 | 5 |
| Indiana | 5 | 10 | 5 to 6 | murder or Level 1 or 2 felonies | 2 | 2 |
| Iowa | 5 | 10 | 3 to 10 | 1st and 2nd degree murder | 2 | 5 |
| Kentucky | 5 | 10 | all felonies | 1 | 2 | |
| Missouri | 5 | 10 | 1 to 10 | Class A felonies or murder | 2 to 5 | 5 |
| Montana | 5 | 8 | 1 to 10 | mitigated, negligent, or deliberate homicide | 3 | 2 |
| West Virginia | 5 | 10 | all felonies | 2 | 2 | |
| Florida | 4 | 5 | 3 to 5 | perjury, capital or life felonies, or felonies that result in death | 2 to 4 | 2 to 4 |
| Georgia | 4 | 6 | 4 to 15 | no statute of limitations on certain crimes against children and murder | 2 | 4 |
| Idaho | 4 | 5 | 3 to 5 | murder, rape, sexual abuse or lewd conduct with a child, or voluntary manslaughter | 2 | 3 |
| Nebraska | 4 | 5 | 1 to 7 | forgery, arson, sex assaults, murder, or treason | 2 to 4 | 4 |
| Nevada | 4 | 6 | 4 | certain sexual assault offenses or murder | 2 to 3 | 3 |
| New Mexico | 4 | 6 | 3 to 6 | capital or 1st degree felonies | 3 | 4 |
| Pennsylvania | 4 | 4 | 2 to 12 | murder, manslaughter, conspiracy to murder, soliciting to commit murder, or vehicular homicide | 2 | 2 |
| Texas | 4 | 4 | 3 to 10 | manslaughter, murder, or sex crimes | 2 | 2 |
| Utah | 4 | 6 | 2 to 4 | manslaughter, murder, or sex crimes | 2 to 4 | 2 to 3 |
| Alaska | 3 | 3 | 5 to 10 | multiple sex crimes, murder, or kidnapping. | 2 | 2 |
| Arizona | 3 | 6 | 7 | homicide, falsifying public records, misuse of public money, or violent sexual assault. | 2 | 2 |
| Arkansas | 3 | 5 | 3 to 6 | multiple sex offenses or murder | 3 | 3 |
| Connecticut | 3 | 6 | 5 to 30 | Class A felonies or murder | 2 | 2 |
| Delaware | 3 | 3 | 5 to 13 | murder, Class A felonies, or multiple sex offenses | 2 to 3 | 2 to 3 |
| Kansas | 3 | 5 | 5 to 10 | terrorism, rape, or murder | 2 | 2 |
| Maryland | 3 | 3 | 3 | murder, unlawful homicide, or manslaughter | 3 | 3 |
| Mississippi | 3 | 3 | 2 | arson, burglary, forgery, murder, manslaughter, counterfeiting, rape, larceny, robbery, sexual crimes, obtaining money under false pretenses, and embezzlement | 2 to 3 | 3 |
| New Hampshire | 3 | 3 | 1 to 6 | murder | 3 | 3 |
| North Carolina | 3 | 3 | all felonies | 2 to 3 | 3 | |
| Oklahoma | 3 | 5 | 3 to 7 | murder | 2 | 2 |
| South Carolina | 3 | 3 | all felonies | 3 | 3 | |
| Virginia | 3 | 5 | 1 to 5 | murder | 2 | 5 |
| Washington | 3 | 6 | 1 to 10 | murder, arson causing death, or vehicular homicide | 2 to 3 | 2 to 3 |
| California | 2 | 4 | 3 to 6 | multiple sex crimes, offenses punishable by life in prison or death, or embezzlement of public funds | 2 | 3 to 4 |