Statute of Limitations MI- Summary
Michigan’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 Michigan.
Michigan Civil Statute of Limitations
Michigan’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 one – ten 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 Michigan:
|Injury to Person||3 yrs. §600.5805(2)|
|Libel/Slander||1 yr. §600.5805(7)|
|Fraud||6 yrs. §600.5813|
|Injury to Personal Property||3 yrs. §600.5805(8)|
|Professional Malpractice||2 yrs. §600.5805(4)|
|Trespass||6 yrs. §600.5813|
|Collection of Rents||6 yrs. §600.5813|
|Contracts||Written: 6 yrs. §600.5807(8); Oral: 6 yrs. §600.5807(8)|
|Collection of Debt on Account||6 yrs. §600.5813|
|Judgments||10 yrs. (court of record); 6 yrs. (court not of record) §600.5809(3)|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Michigan attorney or doing legal research of your own to verify the state law(s) you’re researching.
Michigan Criminal Statute of Limitations
Michigan’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Michigan does not place a deadline on bringing charges for murder. The state also waives any statute of limitations that may have previously been in place if DNA evidence is discovered and used to identify the offender. Felonies such as kidnapping, extortion, sex crimes against minors, and assault with intent to murder carry a ten-year statute of limitations in Michigan. Misdemeanors and other felonies must be prosecuted within six years.
A summary of criminal statutes of limitations in Michigan:
|Code Section||Michigan Compiled Laws, Chapters 760 – 777 Code of Criminal Procedure § 767.24|
|Felonies||Murder: none; kidnapping, extortion, sex crimes against minors or assault with intent to kill: 10 years; if victim was under 18 for any degree of sexual conduct or assault with intent to commit sexual conduct, or a minor was exposed to any sexually abusive activity: 10 yrs. or when the victim turns 21, whichever is later; if DNA evidence obtained: none; once offender has been identified with DNA: 10 yrs., or when victim turns 21, whichever is later; other felonies: 6 yrs.|
|Acts During Which Statute Does Not Run||If an alleged criminal is in hiding or out of state.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Michigan attorney or doing legal research of your own to verify the state law(s) you’re researching.