Statute of Limitations OH- Summary
Ohio’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 Ohio.
Ohio Civil Statute of Limitations
Ohio’s civil statute of limitations sets deadlines under which lawsuits and other civil actions must be filed in the state. These limits can range from two – twenty-one 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 Ohio:
|Injury to Person||2 yrs. §2305.11(a); 2305.10; 2305.111|
|Libel/Slander||1 yr. §2305.11(a)|
|Fraud||4 yrs. §2305.09(c)|
|Injury to Personal Property||2 yrs. §2305.10|
|Professional Malpractice||1 yr.; Medical: 1 yr. to give notice which extends statute 180 days after notice (max. extension 4 yrs). §§2305.11(a); 2305.113|
|Trespass||4 yrs. §2305.09(a)|
|Collection of Rents||–|
|Contracts||Written: 8 yrs. §2305.06; Oral: 6 yrs. §2305.07|
|Collection of Debt on Account||6 yrs. §2305.07|
|Judgments||21 yrs. §2325.18|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting an Ohio attorney or doing legal research of your own to verify the state law(s) you’re researching.
Ohio Criminal Statute of Limitations
Ohio’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 aggravated murder. Most other felonies carry a statute of limitations of either six or twenty years in Ohio, depending on the nature of the offense. Misdemeanors must be prosecuted within two years and minor misdemeanors are given a limitation of six months.
A summary of criminal statutes of limitations in Ohio:
|Code Section||Ohio Revised Code Title XXIX. Crimes Procedure § 2901.13|
|Felonies||Murder or aggravated murder: none; |
Manslaughter, kidnapping, rape, sexual battery, unlawful sexual conduct with a minor, compelling prostitution, arson, robbery, burglary, aggravated riot, felonious or aggravated assault of a peace officer, felonious assault, or conspiracy or attempt to commit any of the above: 20 yrs.
Fraud or breach of fiduciary duty: within 1 yr. of discovery
Official misconduct: 2 yrs.
Other felonies: 6 yrs.
|Misdemeanors||2 yrs.; minor misdemeanors: 6 months.|
|Acts During Which Statute Does Not Run||If the suspect is absent state or concealing their identity, or if they’re 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 Ohio attorney or doing legal research of your own to verify the state law(s) you’re researching.