Statute of Limitations NE- Summary
Nebraska’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 Nebraska.
Nebraska Civil Statute of Limitations
Nebraska’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 – four 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 Nebraska:
|Injury to Person||4 yrs. §25-208|
|Assault and Battery||1 yr. §25-208|
|Libel/Slander||1 yr. §25-208|
|Fraud||4 yrs. §25-207(4)|
|Injury to Personal Property||4 yrs. §25-207(2)|
|Professional Malpractice||2 yrs. or 1 yr. from discovery §25-222; 2 yrs. §25-208|
|Trespass||4 yrs. §25-207(1)|
|Contracts||Written: 5 §25-205: Oral: 4 yrs. §25-206|
|Collection of Debt on Account||4 yrs. §25-212|
|Judgments||5 yrs. (foreign) §25-205|
|Wrongful Death||2 yrs. §30-810|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Nebraska attorney or doing legal research of your own to verify the state law(s) you’re researching.
Nebraska Criminal Statute of Limitations
Nebraska’s criminal statute of limitations sets time limits on the filing of criminal charges in the state. As it is in most states, Nebraska does not place a deadline on bringing charges for crimes considered especially heinous, including murder, treason, arson, and forgery. The law says prosecutors can charge someone with one of these crimes no matter how much time has passed. Most other felonies carry a statute of limitations of three years, and misdemeanors committed in Nebraska typically must be prosecuted within eighteen months.
A summary of criminal statutes of limitations in Nebraska:
|Code Section||Nebraska Statutes 29-110|
|Felonies||– Murder, treason, arson, forgery: none |
– If a minor under 16 is victim to sexual assault, kidnapping, child abuse or pandering, prosecution may begin within 7 yrs. or by the victim’s 16th birthday, whichever comes later.
– Other felonies: 3 yrs.
|Misdemeanors||Most: 18 months; if punishable by less than $100 fine or under 3 months jail time: 1 yr.|
|Public Assistance Fraud||5 yrs.|
|Violation of Securities Act||5 yrs.|
|Acts During Which Statute Does Not Run||If an alleged criminal is in hiding out of state or under 18.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Nebraska attorney or doing legal research of your own to verify the state law(s) you’re researching.