Statute of Limitations AK- Summary
Alaska’s statute of limitations establishes a deadline before which civil cases – such as lawsuits – must be filed in the state. In relation to criminal charges, it also prevents prosecutors from charging an individual with a crime after a specified period of time has passed. The statutes of limitations for different civil actions and crimes can vary from state to state, so read on for more information about how they apply in Alaska.
Alaska Civil Statute of Limitations
Alaska’s civil statute of limitations sets deadlines under which lawsuits and other civil actions must be filed in the state. These limits typically range from two – ten years, depending on the type of case or procedure, and the date or discovery of an incident is usually when time starts counting down. Personal injury and defamation suits are allowed a two-year time limit, while a ten-year limit applies to cases of fraud, collections of rent and debt, and judgements
Be aware that if you fail to file your civil claim before the established deadline, the opposing party can use the statute of limitations in their defense and file a motion to dismiss the case on the basis that the time allotted to file it has already passed. Any legal claim will be lost forever once your case is dismissed.
A summary of civil statutes of limitations in Alaska:
|Injury to Person||2 yrs. §09.10.070|
|Libel/Slander||2 yrs. §09.10.070|
|Fraud||10 yrs. §09.10.100|
|Injury to Personal Property||6 yrs. §09.10.050|
|Professional Malpractice||Medical not under contract: 2 yrs. §09.10.070; under contract: 6 yrs. §09.10.050|
|Trespass||6 yrs. §09.10.05|
|Collection of Rents||10 yrs. §09.10.100|
|Contracts||3 yrs. §09.10.053|
|Collection of Debt on Account||10 yrs. §09.10.100|
|Judgments||10 yrs. §09.10.040|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting an Alaskan attorney or doing legal research of your own to verify the state law(s) you’re researching.
Alaska Criminal Statute of Limitations
Alaska’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Alaska does not place a deadline on bringing murder charges, meaning prosecutors can charge someone no matter how much time has passed. There is also no statute of limitations for crimes involving felony sexual abuse of a minor.
Most felonies and all misdemeanors have a five-year statute of limitations in Alaska. The time limit within which criminal charges may be brought begins once the crime is identified, or should have been identified. However, if the suspect is hiding out of state in an attempt to evade the law, this time limit can be put on pause for a maximum of three years.
A summary of criminal statutes of limitations in Alaska:
|Code Section||12.10.010 et seq.|
|Felonies||Murder: none; certain violent felonies: 10 yrs.; felony sexual abuse involving a minor: none; other felonies: 5 yrs., offenses incorporating fraud or breach of fiduciary obligation, official misconduct in public office: 1 year limit after discovery of the offense, with a maximum extension of 3 yrs.|
|Acts During Which Statute Does Not Run||If an alleged criminal is in hiding or out of state, max. extension of 3 yrs.; statutory periods begin once a crime is or should have been identified|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting an Alaskan attorney or doing legal research of your own to verify the state law(s) you’re researching.