Statute of Limitations IN- Summary
Indiana’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 Indiana.
Indiana Civil Statute of Limitations
Indiana’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 – twenty 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 Indiana:
|Injury to Person||2 yrs. §34-11-2-4(1)|
|Libel/Slander||2 yrs. §34-11-2-4(1)|
|Fraud||6 yrs. §34-11-2-7(4)|
|Injury to Personal Property||2 yrs. §34-11-2-4(2)|
|Professional Malpractice||2 yrs. §34-11-2-3|
|Trespass||2 yrs. §34-11-2-4|
|Collection of Rents||6 yrs. §34-11-2-7|
|Contracts||Written: 10 yrs. §34-11-2-11; 6 yrs. for contract for payment of money §34-11-2-9; Oral: 6 yrs., 2 yrs. employment agreements §§34-11-2-7 and 34-11-2-1|
|Collection of Debt on Account||6 yrs. §34-11-2-7|
|Judgments||20 yrs. §34-11-2-12|
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 Indiana or doing legal research of your own to verify the state law(s) you’re researching.
Indiana Criminal Statute of Limitations
Indiana’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Indiana does not place a deadline on bringing charges for crimes considered especially heinous, including murder and any crime that constitutes a Class A felony in the state. The law says prosecutors can charge someone with one of these crimes no matter how much time has passed. Most other felonies have a statute of limitations of five years in Indiana. Misdemeanors can be prosecuted within a period of two years following the offense.
A summary of criminal statutes of limitations in Indiana:
|Code Section||Indiana Code Title 35. Criminal Law and Procedure § 35-41-4-2|
|Felonies||Murder: none; Class A felonies: none; other felonies (Class B, C, D felonies) including forgery of an instrument for payment: 5 yrs.; child molestation (if defendant is at least 16 and victim is not more than 2 yrs. younger): 5 yrs., sex crimes committed against minors: statutory period ends when the victim reaches 31 years of age – may be extended 1 yr. after DNA evidence revealing identity of offender is discovered or should have been discovered.|
|Acts During Which Statute Does Not Run||Nonresident, absent state, conceals self or evidence of crime; the statutory period may also be extended by one year after DNA evidence is discovered|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting an attorney in Indiana or doing legal research of your own to verify the state law(s) you’re researching.