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What Is the Statute of Limitations in Missouri?
A statute of limitations sets the maximum timeframe during which legal proceedings may be initiated in either civil or criminal cases. In Missouri, these laws determine the period available to file lawsuits or prosecute offenses. Once the statutory time frame expires, courts dismiss the case regardless of the available evidence.
Statutes of limitations exist to protect fairness in legal proceedings. These deadlines preserve the reliability of evidence and testimony by ensuring that trials occur while facts remain reasonably fresh. Without these safeguards, witnesses might forget important details, evidence could deteriorate, and the overall integrity of the judicial process would be compromised.
How Long Is the Statute of Limitations in Missouri?
The applicable time limits for filing a lawsuit in Missouri depend on the type and severity of the case. Civil Statutes of limitations usually range from 1 year to 10 years; criminal offenses vary between 1 year and indefinitely.
For example, a personal injury lawsuit in Missouri must generally be filed within five years under Missouri Revised Statutes § 516.120. Property damage claims have the same 5-year limitation. Breach of a written contract also carries a 5-year limitation period, while defamation actions must be filed within 2 years under § 516.140 RSMo.
On the criminal side, most misdemeanors must be prosecuted within 1 year according to §556.036 RSMo, while felonies often carry longer limits, ranging from 3 years to indefinite periods depending on the crime.
The table below summarizes the limitation periods for common cases in Missouri.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemenaors | 1 year | Exceptions apply to crimes such as sexual offenses |
| General felonies(Class B-E) | 3 years | Some felonies, such as stealing offenses with a value between $750 and $25,000 |
| Personal Injury | 5 years | Except in cases of medical malpractice or birth injuries, which have a 2-year statute of limitations. |
| Defamation | 2 years | § 516.140 RSMo |
What Crimes Have No Statute of Limitations in Missouri
According to § 556.036 RSMo, Missouri law removes limitation periods for certain severe crimes. These offenses, coded as Class A felonies, may be prosecuted at any time regardless of the number of years that have passed after the act. The rationale for eliminating statutory deadlines in such cases is rooted in the severity of the offenses, the lasting harm to victims, and the need to uphold justice without temporal restriction.
Crimes with no statute of limitations in Missouri include:
- Murder
- Attempted Murder (depending on the classification)
- First-degree rape of a child
- Statutory rape in the first degree
- Statutory sodomy in the first degree
- Sexual offense involving minors when supported by DNA evidence.
Criminal Statute of Limitations in Missouri
The criminal statute of limitations in Missouri varies based on the classification of the offense. However, the criminal justice system ensures that all cases are tried while the evidence is fresh and dependable. Unless the crime committed has no statutory limitations, the court will dismiss it if the limitation period expires.
Examples include:
- Fraud: Limitations may extend up to 3 years, but may toll(be paused) if concealed.
- Arson: Typically 3 years unless tied to other serious offenses
- Sexual assault: Certain sexual offenses against minors may be prosecuted without time limitation.
The statute of limitations can be tolled under specific conditions, such as when a suspect leaves Missouri or conceals their identity.
Misdemeanor offenses in Missouri include less serious crimes, such as petty theft, trespassing, or simple assault. According to § 556.036 RSMo, the statute of limitations for misdemeanor offenses is 1 year.
| Offense | Statute of Limitations |
|---|---|
| Misdemeanor | 1 year |
| General felony | 3 years |
| Fraud | 3 years |
| Arson | 3 years |
| Murder | No limit |
| Rape of a minor | No limit |
Is There a Statute of Limitations on Attempted Murder?
The statute of limitations for attempted murder in Missouri depends on how the offense is charged. Attempted murder, as a felony, generally falls under the 3 year statute of limitations for felonies according to § 556.036 RSMo.
By contrast, murder itself carries no statute of limitations. If circumstances elevate attempted murder to a higher degree offense, prosecutors may argue for treatment under the no-limit rule. Which means, while standard attempted murder charges may face a 3-year limit, cases with aggravating circumstances progressing into murder may effectively be prosecuted without time restriction.
Statute of Limitations on Sexual Assault in Missouri
The statutory limitations on filing sexual assault claims in Missouri may depend on:
- The victim’s age
- The timing of discovery
- And available evidence
For most adult victims, the standard period is 3 years under § 556.036 RSMo. However, sexual offenses against minors often carry no statute of limitations, especially in cases where:
- The victim was under the age of 18 at the time of the offense
- The crime involves first-degree statutory rape or sodomy
- The offense is supported by DNA evidence that identifies the perpetrator
- Legislative amendments extend the limitations, including provisions for serious sexual crimes against minors
For child victims, there is no reporting deadline in Missouri for:
- First-degree statutory rape
- First-degree statutory sodomy
- Sexual offenses against minors supported by DNA evidence.
Other sexual assault crimes against minors may have extended limitation windows, but serious sexual offenses involving children remain prosecutable at any time. Civil sexual abuse claims may also be subject to extended filing periods, depending on the circumstances of discovery and statutory reforms.
Civil Statute of Limitations in Missouri
The civil statute of limitations in Missouri sets the deadlines for bringing civil lawsuits before a court. The length of time allowed to file depends on the type of claim involved, and once the limitation period expires, the court will dismiss the case even if the evidence appears strong. After dismissal under the statute of limitations, the claimant loses the right to pursue the matter in Missouri courts.
Recognizing civil lawsuit deadlines in Missouri is essential for safeguarding legal rights. Under the Missouri Revised Statutes, the following civil statutes of limitations govern the timeframe for filing cases in the state.
| Claim Type | Statutes of Limitations | Section (§) of Missouri Law |
|---|---|---|
| Personal injury | 5 years | § 516.120 RSMo |
| Property damage | 5 years | § 516.120 RSMo |
| Breach of written or oral contract | 5 years | § 516.120 RSMo |
| Defamation(libel or slander) | 2 years | § 516.140 RSMo |
| Fraud | 5years | § 516.120 RSMo |
| Medical malpractice | 2 years | § 516.105 RSMo |
| Wrongful death | 3 years | § 537.100 RSMo |
Statute of Limitations for Medical Malpractice in Missouri
Missouri medical malpractice statute defines the period during which patients may file lawsuits against healthcare providers. § 516.105 of the Missouri Revised Statutes sets a 2-year standard deadline beginning on the date of the alleged act of negligence. If the malpractice occurred over a course of treatment, the statute of limitations begins from the last date of treatment.
The discovery rule applies in limited circumstances. If the injury is not reasonably discoverable within the standard period, the 2-year limit may begin when the patient discovers, or should have discovered, the injury. Notwithstanding, Missouri law imposes a 10-year statute of repose. Once this outer limit expires, lawsuits cannot be filed, regardless of when the malpractice was discovered.
Special rules apply to minors. A child injured through medical malpractice has until their 20th birthday to file a lawsuit. In addition, Missouri law requires that plaintiffs provide an affidavit of merit from a qualified healthcare provider certifying that the claim has a factual basis.
The table outlines common medical malpractice cases in Missouri.
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia | Administering excessive anesthesia and failing to monitor vital signs during surgery |
| Medication errors | Prescribing the wrong drug or incorrect dosage |
| Radiology errors | Misreading X-rays, MRIs, or CT scans that lead to delayed treatment |
| Post-surgical complications | Neglecting to monitor or treat infections or other complications after surgery |
Statute of Limitations for Debt in Missouri
The debt statute of limitations in Missouri establishes how long creditors have to file lawsuits in court to recover unpaid debts. Under § 516.120 RSMo, the timeframe for collecting a debt in Missouri depends on:
- The type of debt involved
- The date of the last payment or default
- Whether the debtor made partial payments or acknowledged the debt in writing
The general rule in Missouri is a 5-year statute of limitations for most debts. This includes credit card debt, auto loans, personal loans, and medical bills. Written contracts, including promissory notes, also fall within this 5-year limitation period.
Although creditors have 5 years from the date of the last missed payment to file a lawsuit in Missouri, under the federal Fair Credit Reporting Act, unpaid debts may remain on credit reports for 7 years from the date of the first delinquency. Making a partial payment, entering into a payment plan, or acknowledging the debt in writing may reset the 5-year statute of limitations period, giving creditors a new window to pursue collection through the courts.
The table outlines the statute of limitations for various debts in Missouri and their applicable terms.
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Credit card debt | 5 years | The limitation begins from the date of the last payment or default |
| Auto loan | 5 years | Applies to both repossessed vehicles and outstanding loan balances |
| Personal loan | 5 years | Includes private and bank-issued loans |
| Medical bills | 5 years | Hospitals and healthcare providers must file within the statutory window |
| Written contracts | 5 years | Covers promissory notes and formal loan agreements |
| Oral contracts | 5 years | It may be difficult to prove in court without documentation |
| Business debts | 5 years | Applies to commercial accounts and agreements |
Statute of Limitations for Child Abuse and Child Support in Missouri
The timeframe for prosecuting or filing claims related to child abuse in Missouri may depend on:
- Whether the case is criminal or civil
- The age of the victim at the time of the incident
- The severity of the offense
- The discovery of the abuse or injury
- Availability of DNA or corroborating evidence
According to § 556.036 of the Missouri Revised Statutes, certain child abuse crimes carry no statute of limitations. Specifically, there is no limitation period for:
- First-degree statutory rape of a child
- First-degree statutory sodomy of a child
- Sexual offenses against minors supported by DNA evidence
- Other serious sexual crimes involving children, as outlined in Missouri law
For other offenses against minors not included in these categories, statutes of limitations may apply, often extended by discovery or tolling provisions. Civil claims related to childhood abuse may also have longer filing windows, depending on statutory reforms.
In Missouri, child support enforcement operates under distinct rules. Child support obligations do not expire. Courts retain authority to enforce arrears until they are fully satisfied, regardless of how much time has passed. Enforcement measures may include wage garnishment, liens, or other collection mechanisms. Missouri law provides that unpaid child support remains collectible until paid in full.