Statute of Limitations KS- Summary
Kansas’ 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 Kansas.
Kansas Civil Statute of Limitations
Kansas’ civil statute of limitations sets deadlines under which lawsuits and other civil actions must be filed in the state. These limits typically range from one – five years, depending on the type of case or procedure. The date or discovery of an incident is usually when time starts counting down. Kansas’ civil statute of limitations largely correspond with similar laws in every state.
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 Kansas:
|Code Section||Kansas Statutes 60-501, et seq.: Limitations of Actions|
|Injury to Person||2 yrs. 60-514(b)|
|Libel/Slander||1 yr. 60-514(a)|
|Fraud||2 yrs. 60-513 (a)(3), does not begin accruing until fraud is discovered|
|Injury to Personal Property||2 yrs. 60-513 (a)(2)|
|Professional Malpractice||2 yrs. from reasonable discovery, 4 max. 60-513(a)(7), 60-513(c)|
|Trespass||2 yrs. 60-513(a)(1)|
|Collection of Rents||Pursuant to an oral or implied contract: 3 yrs. (5 yrs. for all written contracts)|
|Contracts||Written: 5 yrs. 60-511(1)Oral: 3 yrs. 60-512(1)|
|Collection of Debt on Account||Pursuant to a contract, express or implied: 3 yrs.|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Kansas attorney or doing legal research of your own to verify the state law(s) you’re researching.
Kansas Criminal Statute of Limitations
Kansas’ criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Kansas does not place a deadline on bringing charges for crimes considered especially heinous, including murder, terrorism, the use of weapons of mass destruction, rape, and aggravated criminal sodomy. The law says prosecutors can charge someone with one of these crimes no matter how much time has passed.
Most other felonies carry a five-year statute of limitations in the state of Kansas. Misdemeanors also must be prosecuted within five years. Please view the chart below for a full list of statutes of limitation for felonies committed in Kansas.
A summary of criminal statutes of limitations in Kansas:
|Code Section||Kansas Statutes Section 21-5107: Time Limitations for Commencement of Prosecution|
|Felonies||– Murder, terrorism, use of weapons of mass destruction, rape, and aggravated criminal sodomy: none.|
– Sexually violent crimes other than rape committed against an adult: 10 yrs.
– Sexually violent crimes other than rape committed against a child: 10 yrs. past the victim’s 18th birthday
– If the injured party is the Kansas public employees retirement system (KPERS): 10 yrs.
– Other felonies: 5 yrs.
|Acts During Which Statute Does Not Run||– The accused is missing from or hiding within the state |
– The crime was concealed, for ex., when the victim was under 15, unable to recognize criminal actions due to age or intelligence, or was prevented by a parent/guardian from reporting the crime, and an expert witness testifies to the repressing of memories in addition to corroborating evidence
– Prosecution is pending against the defendant for the same offense
– A court order prevents an administrative agency from investigating or proceeding
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Kansas attorney or doing legal research of your own to verify the state law(s) you’re researching.