Statute of Limitations NV- Summary
Nevada’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 Nevada.
Nevada Civil Statute of Limitations
Nevada’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 – six 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 Nevada:
|Injury to Person||2 yrs. §11.190-(4)(c)|
|Libel/Slander||2 yrs. §11.190-(4)(c)|
|Fraud||3 yrs. §11.190-(3)(d)|
|Injury to Personal Property||3 yrs. §11.190-(3)(c)|
|Professional Malpractice||Accountant, Attorney, Veterinarian: 4 yrs.; Medical: 2 yrs. after discovery or 4 yrs. after act §11.207 and §41A.097|
|Trespass||3 yrs. §11.190(3)(b)|
|Collection of Rents||4 yrs. §11.220|
|Contracts||Written: 6 yrs. §11.190(1)(b); Oral: 4 yrs. §11.190-(2)(c)|
|Collection of Debt on Account||4 yrs. §11.190-(2)(a)|
|Judgments||6 yrs. §11.190(1)(a)|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Nevada attorney or doing legal research of your own to verify the state law(s) you’re researching.
Nevada Criminal Statute of Limitations
Nevada’s criminal statute of limitations sets time limits on the filing of criminal charges in the state, but there is no deadline for crimes considered especially heinous, including murder, terrorism, attempted terrorism, and sexual assault arising out of same facts and circumstances as murder or terrorism.
Theft, robbery, arson, burglary, forgery, and sexual assault all carry a statute of limitations of four years, and most other felonies have a three-year limitation. Gross misdemeanors must be prosecuted within two years in Nevada, and other misdemeanors are given a one-year time limit.
A summary of criminal statutes of limitations in Nevada:
|Code Section||NRS 171.080 et seq.|
|Felonies||Murder, terrorism, attempted terrorism, and sexual assault arising out of same facts and circumstances as murder or terrorism: none|
Sexual assault (if identity of accused person is established with DNA evidence): none
Sexual assault, theft, robbery, burglary, forgery or arson: 4 yrs.
Other felonies: 3 yrs.
A victim sexual abuse as a child can bring a complaint until age 36 if he or she discovered or “reasonably should have discovered” the abuse by that time. If the victim reasonably should not have discovered the abuse up to that point, he or she can bring a complaint up to age 43.
|Misdemeanors||Gross misdemeanors: 2 yrs.|
Others: 1 yr.
|Acts During Which Statute Does Not Run||In situations where the crime was committed against a minor, the statute of limitations doesn’t begin to run until the victim turns 18.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Nevada attorney or doing legal research of your own to verify the state law(s) you’re researching.