Statute of Limitations ID- Summary
Idaho’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 Idaho.
Idaho Civil Statute of Limitations
Idaho’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 – six years, depending on the type of case or procedure. The date or discovery of an incident is usually when time starts counting down.
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 Idaho:
|Injury to Person||2 yrs. §5-219(4 & 5)|
|Libel/Slander||2 yrs. §5-219(5)|
|Fraud||3 yrs. §5-218(4)|
|Injury to Personal Property||3 yrs. §5-218(3)|
|Professional Malpractice||2 yrs. §5-219(4)|
|Trespass||3 yrs. §5-218(2)|
|Collection of Rents||5 yrs. §5-204|
|Contracts||Written: 5 yrs. §5-216; Oral: 4 yrs. §5-217|
|Collection of Debt on Account||–|
|Judgments||6 yrs. §5-215(1)|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting an attorney in Idaho or doing legal research of your own to verify the state law(s) you’re researching.
Idaho Criminal Statute of Limitations
Idaho’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Idaho does not place a deadline on bringing charges for crimes considered especially heinous, including murder, voluntary manslaughter and rape. The law says prosecutors can charge someone with one of these crimes no matter how much time has passed. All misdemeanors committed in Idaho have a one-year statute of limitations.
A summary of criminal statutes of limitations in Idaho:
|Code Section||Idaho Statutes 19-401, et seq.: Time of Commencing Criminal Actions|
|Felonies||Murder, voluntary manslaughter, rape: none; felonies committed upon or against a minor child: 5 yrs.; sexual abuse of or lewd conduct with a child under 16 yrs. of age: 5 yrs. after the child reaches the age of 18; ritualized abuse of child: 3 yrs. after initial disclosure by victim; other felonies: 5 yrs.|
|Acts During Which Statute Does Not Run||If alleged criminal is absent from the state|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting an attorney in Idaho or doing legal research of your own to verify the state law(s) you’re researching.