Statute of Limitations MS- Summary
Mississippi’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 Mississippi.
Mississippi Civil Statute of Limitations
Mississippi’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 – seven 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 Mississippi:
| Injury to Person | 3 yrs., Mississippi Code 15-1-35 |
| Libel/Slander | 1 yr., Mississippi Code 15-1-35 |
| Fraud | – |
| Injury to Personal Property | 3 yrs. |
| Professional Malpractice | 2 yrs. (from act or discovery), Mississippi Code 15-1-36 |
| Trespass | – |
| Collection of Rents | – |
| Contracts | Oral: 3 yrs.; Unwritten contract based on employment: 1 yr. Mississippi Code 15-1-29 |
| Collection of Debt on Account | 3 yrs., Mississippi Code 15-1-29 |
| Judgments | 7 yrs. (domestic and foreign judgments), Mississippi Code 15-1-43, 45 |
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Mississippi attorney or doing legal research of your own to verify the state law(s) you’re researching.
Mississippi Criminal Statute of Limitations
Mississippi’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Mississippi does not place a deadline on bringing charges for crimes considered especially heinous, such as murder, and it has a particularly long list of other crimes with no statute of limitations as well. See the chart below to to learn all of them. Typically, misdemeanors must be prosecuted within two years in Mississippi.
A summary of criminal statutes of limitations in Mississippi:
| Code Section | Mississippi Code Section 99-1-5: Time Limitations on Prosecutions |
| Felonies | No statute of limitations: – Murder – Manslaughter – Aggravated assault – Aggravated domestic violence – Kidnapping – Arson – Burglary – Forgery – Counterfeiting – Robbery – Larceny – Rape – Embezzlement – Obtaining money or property under false pretenses or by fraud – Felonious child abuse – Touching a child for indecent purposes – Sexual battery of a child – Exploitation of children – Promoting prostitution involving a minor – Human trafficking offenses Larceny of timber: 6 yrs. Felonious assistance-program fraud, felonious abuse of vulnerable persons, or conspiracy to commit these crimes: 5 yrs. Other felonies: 2 yrs. |
| Misdemeanors | 2 yrs. |
| Acts During Which Statute Does Not Run | – If an alleged criminal is in hiding or out of state – If an indictment is lost, destroyed, quashed, or stopped by any defect in the record (other than acquittal on the merits), then another year is added from the date of the indictment being destroyed or judgment reversed |
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Mississippi attorney or doing legal research of your own to verify the state law(s) you’re researching.