Statute of Limitations OK- Summary
Oklahoma’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 Oklahoma.
Oklahoma Civil Statute of Limitations
Oklahoma’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 one – five 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 Oklahoma:
|Injury to Person||2 yrs. Tit. 12 §95(4)|
|Defamation (Libel/Slander)||1 yr. Tit. 12 §95(4)|
|Fraud||2 yrs. Tit. 12 §95(3)|
|Injury to Personal Property||2 yrs. Tit. 12 §95(3)|
|Professional Malpractice||2 yrs. Tit. 12 §95(3)|
|Trespass||2 yrs. Tit. 12 §95(3)|
|Collection of Rents||5 yrs. Tit. 12 §95(11)|
|Contracts||Written: 5 yrs. Tit. 12§95(1); Oral: 3 yrs. Tit. 12 §95(2)|
|Collection of Debt on Account||5 yrs. Tit. 12 §95(11)|
|Judgments||3 yrs., including foreign judgments Tit. 12 §95(2)|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting an Oklahoma attorney or doing legal research of your own to verify the state law(s) you’re researching.
Oklahoma Criminal Statute of Limitations
Oklahoma’s criminal statute of limitations sets time limits on the filing of criminal charges in the state, but like most other states there is no statute of limitations for murder. Depending on the offense, other felonies in Oklahoma must be prosecuted within a time-frame ranging from three – twelve years, and misdemeanors carry a three-year limit.
A summary of criminal statutes of limitations in Oklahoma:
|Code Section||Oklahoma Statutes Title 22 §151, et seq.: Statutes of Limitation|
Rape; forcible sodomy; lewd or indecent acts or proposals against children; child abuse pursuant to Section 843.5 of Title 21; child trafficking: 12 yrs.*
Bribery; embezzlement or misappropriation of public money or other assets; falsification of public records; conspiracy to defraud state or other subdivision: 7 yrs.
Criminal conspiracy, embezzlement, criminal state income tax violations: 5 yrs.
Other felonies: 3 yrs.
*There is no statute of limitations for these offenses if the victim notified law enforcement within twelve years of the discovery of the crime, or if DNA evidence is collected, preserved, and used to determine the identity of the offender – after which prosecution has 3 yrs. to commence.
|Acts During Which Statute Does Not Run||If the suspect is absent state or not a resident.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Oklahoma attorney or doing legal research of your own to verify the state law(s) you’re researching.