Statute of Limitations TN- Summary
Tennessee’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 Tennessee.
Tennessee Civil Statute of Limitations
Tennessee’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 six months – ten 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 Tennessee:
|Injury to Person||1 yr. §28-3-104(a)(1)|
|Libel/Slander||Libel: 1 yr.; Slander: 6 mos. §§28-3-103, 104|
|Injury to Personal Property||3 yrs. §28-3-105(1)|
|Professional Malpractice||Legal: 1 yr. CPA: 1 yr. §28-3-104(2)|
|Trespass||3 yrs. §28-3-105(1)|
|Collection of Rents||6 yrs. §28-3-109(1)|
|Contracts||Written and oral: 6 yrs. §28-3-109|
|Collection of Debt on Account||6 yrs. unless expressly provided|
|Judgments||10 yrs. §28-3-110(2)|
State laws related to filing lawsuits can change often. While our goal is to provide the most current information available, please consider contacting a Tennessee attorney or doing legal research of your own to verify the state law(s) you’re researching.
Tennessee Criminal Statute of Limitations
Tennessee’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 or any crime punishable by death or life imprisonment. Other felonies carry statutes that can range from two – fifteen years, depending on the nature of the offense and how the crime is classed according to Tennessee’s criminal code. Misdemeanors committed in this state must be prosecuted within one year, except for those related to gaming, which are given a limit of six months.
A summary of criminal statutes of limitation in Tennessee:
|Code Section||Tennessee Code Title 40. Criminal Procedure § 40-2-101|
|Felonies||Murder; any crime punishable by death or life imprisonment: none; Class A Felony: 15 yrs.; Class B felony: 8 yrs.; Class C or D felony: 4 yrs.; Class E felony: 2 yrs.|
Arson: 8 yrs.; defrauding state, evading or defeating any tax, fraudulent return: 6 yrs.;
Offense committed against a child: 4 yrs. after the offense, or once child reaches adulthood, whichever occurs later.
Other felonies: 3 yrs.
|Misdemeanors||Offenses related to gaming: 6 mos. |
Others: 1 yr.
|Acts During Which Statute Does Not Run||If the accused is absent state or the crime is being concealed.|
State laws are always subject to change. While our goal is to provide the most current information available, please consider contacting a Tennessee attorney or doing legal research of your own to verify the state law(s) you’re researching.
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