Statute of Limitations NJ- Summary
New Jersey’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 New Jersey.
New Jersey Civil Statute of Limitations
New Jersey’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 – 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 New Jersey:
|Libel/Slander||1 yr. §2A:14-3|
|Fraud||6 yrs. §2A:14-1|
|Injury to Personal Property||6 yrs. §2A:14-1|
|Professional Malpractice||2 yrs. §2A:14-2|
|Trespass||6 yrs. §2A:14-1|
|Collection of Rents||16 yrs. §2A:14-4|
|Contracts||Written: 6 yrs. §2A:14-1; Oral: 6 yrs. §2A:14-1|
|Collection of Debt on Account||6 yrs. §2A:14-1|
|Judgments||20 yrs. from court of record §2A:14-5|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a New Jersey attorney or doing legal research of your own to verify the state law(s) you’re researching.
New Jersey Criminal Statute of Limitations
New Jersey’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 and manslaughter. The law says prosecutors can charge someone with one of these crimes no matter how much time has passed. Most other crimes in New Jersey have a statute of limitations ranging between five and seven years, and petty offenses must be prosecuted within one year.
A summary of criminal statutes of limitations in New Jersey:
|Code Section||New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 1-6|
|Felonies||Murder, manslaughter: none; official misconduct, bribery and related offenses: 7 yrs.; if a victim of sexual assault, criminal sexual contact, or endangering the welfare of children is under 18, prosecution must begin within 5 yrs. after victim’s 18th birthday; other felonies: 5 yrs.|
|Misdemeanors||Petty offense or disorderly persons offense: 1 yr.|
|Acts During Which Statute Does Not Run||If alleged criminal is hiding or out of state, or is already facing prosecution for the same conduct.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a New Jersey attorney or doing legal research of your own to verify the state law(s) you’re researching.