{"id":353526,"date":"2016-04-04T10:47:01","date_gmt":"2016-04-04T15:47:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/time-limits-to-file-a-defamation-lawsuit-state-statutes-of.html"},"modified":"2023-09-29T15:28:19","modified_gmt":"2023-09-29T20:28:19","slug":"time-limits-to-file-a-defamation-lawsuit-state-statutes-of","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/time-limits-to-file-a-defamation-lawsuit-state-statutes-of.html","title":{"rendered":"Time Limits to File a Defamation Lawsuit: State Statutes of Limitation"},"content":{"rendered":"\n
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Time Limits to File a Defamation Lawsuit: State Statutes of Limitation<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

State laws deal with reputational issues that are known as defamation torts. These laws also impose a time limit on filing your claim. Once the deadline passes, you generally can’t sue for defamation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

An individual’s reputation is important. Any personal injury, harm, or shame to one’s reputation could have emotional and financial consequences. This is true, especially if the individual is a public figure.<\/p>\n

This article lists the time limits for defamation claims in every state. Because most states require you to file within one or two years, it’s important to consider your legal options soon after you become aware of the defamatory statement. A defamation lawyer<\/a> can act quickly to begin the process before the deadline.\u00a0<\/p>\n

Defamation Lawsuits<\/h2>\n

A tort is a wrongful civil act that causes injury to another. Civil lawsuits for defamation<\/a> are specific personal injury cases dealing with reputational harm. Depending on where you live or where the legal claim occurs, different statutes (laws) dictate the elements of defamation.<\/p>\n

In general, defamation is any false speech that causes harm to an individual’s reputation. The false speech must be a statement of fact rather than an opinion.<\/p>\n

For example, \u201cJohn Doe is an unfair police officer” is an opinion because \u201cunfair” is a subjective standard. On the other hand, a statement of \u201cJohn Doe is often drunk on the job” is more fact-based. If the statement were false, the speaker could potentially face a defamation legal action.<\/p>\n

Defamation Filing Deadlines in Each State<\/h2>\n

Like most injury claims, defamation claims are often subject to time limits known as\u00a0statutes of limitations<\/a>. The following list provides each state’s statute of limitations on defamation causes of actions (claims).<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Alabama<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Alaska<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Arizona<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Arkansas<\/b><\/td>\nA one-year statute of limitation applies to slander actions, while a three-year statute of limitation applies to libel actions.<\/td>\n<\/tr>\n
California<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Colorado<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Connecticut<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Delaware<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
District of Columbia<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Florida<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Georgia<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Hawaii<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Idaho<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Illinois<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Indiana<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Iowa<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Kansas<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Kentucky<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Louisiana<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Maine<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Maryland<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Massachusetts<\/b><\/td>\nA three-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Michigan<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Minnesota<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Mississippi<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Missouri<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Montana<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Nebraska<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Nevada<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
New Hampshire<\/b><\/td>\nA three-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
New Jersey<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
New Mexico<\/b><\/td>\nA three-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
New York<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
North Carolina<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
North Dakota<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Ohio<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Oklahoma<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Oregon<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Pennsylvania<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Rhode Island<\/b><\/td>\nA one-year statute of limitation applies to slander actions. A three-year statute of limitation applies to libel actions.<\/td>\n<\/tr>\n
South Carolina<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
South Dakota<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Tennesse<\/b><\/td>\nA six-month statute of limitation applies to slander actions. A one-year statute of limitation applies to libel actions.<\/td>\n<\/tr>\n
Texas<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Utah<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Vermont<\/b><\/td>\nA three-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Virginia<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Washington<\/b><\/td>\nA two-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
West Virginia<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Wisconsin<\/b><\/td>\nA three-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n
Wyoming<\/b><\/td>\nA one-year statute of limitation applies to defamation actions.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

Important Distinctions in State Laws<\/h2>\n

Keep in mind that the statute of limitations deadline differs depending on the type of case. For instance, Florida’s two-year period to file is a distinct rule for defamation actions. Florida statutes for other kinds of cases, like premises liability<\/a>\u00a0or\u00a0wrongful death<\/a>\u00a0claims, are different. That’s because personal injury statutes of limitations depend on the underlying tort in a civil case.<\/p>\n

Let’s consider another example. A false imprisonment or medical malpractice claim is completely different from a defamation cause of action. This is true even if these separate allegations arise from the same fact pattern or occurrences. Suppose a doctor falsely imprisoned a patient and performed an illegal surgery on them. In response, the patient may later defame the doctor. A different limitations period will apply to each wrong act, even though they all arise from the same event. Therefore, it stands to reason that states created different limitations periods for different torts.<\/p>\n

Postponing a Defamation Claim<\/h3>\n

Sometimes, a limitations period may be tolled. Tolling refers to a temporary suspension of the filing deadline.<\/p>\n

Depending on your state, this can happen for a number of reasons, including:<\/p>\n