Statute of Limitations MN- Summary
Minnesota’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 Minnesota.
Minnesota Civil Statute of Limitations
Minnesota’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. 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 Minnesota:
|Injury to Person||2 yrs. §541.07(1)|
|Libel/Slander||2 yrs. §541.07(1)|
|Fraud||6 yrs. §541.05(6)|
|Injury to Personal Property||6 yrs. §541.05(4)|
|Professional Malpractice||Medical and veterinary: 2 yrs. §541.07(1)|
|Trespass||6 yrs. §541.05(3)|
|Collection of Rents||–|
|Contracts||Written: 6 yrs. §541.05(1); Oral: 6 yrs. §541.05(1)|
|Collection of Debt on Account||–|
|Judgments||10 yrs. §541.04|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Minnesota attorney or doing legal research of your own to verify the state law(s) you’re researching.
Minnesota Criminal Statute of Limitations
Minnesota’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Minnesota does not place a deadline on bringing charges for crimes considered especially heinous, including murder, manslaughter, human trafficking of minors, and sex trafficking or criminal sexual conduct in cases where DNA evidence is found and preserved. 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 three years, unless its one of the exceptions listed in the chart below. Misdemeanors also must be prosecuted within a three-year period in Minnesota.
A summary of criminal statutes of limitations in Minnesota:
|Code Section||Minn. Stat. Ann. Section 628.26|
|Felonies||– Murder, manslaughter, kidnapping: none|
– Human trafficking (if the victim is under 18): none
– Human trafficking (if the victim is 18 or older): 6 yrs.
– Sex trafficking, criminal sexual conduct (DNA evidence is found and preserved): none
– Sex trafficking, criminal sexual conduct (victim is 18 or older – no DNA): 9 yrs.
– Bribery involving a public officer/employee: 6 yrs.
– Medical assistance fraud, employer wage theft: 6 yrs.
– Financial exploitation of a vulnerable adult: 5 yrs.
– Check forgery exceeding $35,000 in stolen property or services: 5 yrs.
– Identity theft with eight or more direct victims / losses exceeding $35,000: 5 yrs.
– Environmental crimes involving pollution and disposal and transport of hazardous waste/harmful substances: 5 yrs.
– Arson: 5 yrs.
– Other felonies: 3 yrs.
|Acts During Which Statute Does Not Run||– Defendant does not usually reside in Minnesota|
– Defendant participates in a pretrial diversion program related to the crime
– Any period of time involving DNA analysis related to the crime, unless defendant can demonstrate the analysis was intentionally delayed
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Minnesota attorney or doing legal research of your own to verify the state law(s) you’re researching.