Alaska Statutes of Limitations

All civil claims and most criminal charges have time limits called statutes of limitations.

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024

In a civil case, the plaintiff must file their claim within the limitations period. In criminal cases, the prosecutor must file criminal charges with the correct statute of limitations. Failing to file a case or criminal charges within the limitations period bars the court from adjudicating the matter.

Each state has different statute of limitations laws. In the state of Alaska, plaintiffs have one to 10 years to file their civil claims. Misdemeanors generally have a five-year limitation period. Some felonies, like murder and sexual assault, do not have a statute of limitations.

This article offers an overview of Alaska's civil and criminal statute of limitations laws. For more specific information, visit the links below.

Statutes of Limitations Explained

As noted, the statute of limitations is the period of time in which a person or prosecutor must file their cases. State law sets the statutes of limitations for each civil case and crime. Failing to begin the lawsuit within that period bars the person from further pursuing it.

The time limit begins running when a claim "accrues." Accrual happens when a present legal claim arises. Typically, this happens at one of the following times:

The date of the injury, such as injuries and property damage resulting from a car accident
When the person discovers or should have discovered through a reasonable investigation, that harm has happened (the "discovery rule")
When one party has a right to demand performance from another party

Under Alaska law, all claims or crimes with a statute of limitations are subject to the statute of repose. The state's statute of repose generally prevents plaintiffs or prosecutors from filing lawsuits more than 10 years after the harm.

For example, suppose you hired a contractor to renovate your living room in 2012. In 2024, you discover the contractor defrauded you by lying about the materials they used. Even though you just discovered the fraud, the harm happened 12 years ago. In that case, the statute of repose could prevent you from filing a civil claim against the contractor (although there are many exceptions to the general rule).

Sometimes, circumstances will "toll" or stop the statute of limitations from running. For example, if someone under 18 years of age has a legal claim accrue, the statute of limitations gets tolled until they turn 18. Also, someone who is "incompetent by reason of mental illness or mental disability" at the time of their claim's accrual is entitled to a tolling of the statute of limitations. (Alaska Statutes Title 9. Code of Civil Procedure § 09.10.140(a))

Related Resources

Visit the following links for more information about Alaska laws and related legal topics:

Visit FindLaw's State Statute of Limitations Laws article for a list of every state's time limits to file.

Questions? Ask an Attorney

Whether you have a civil case or are the victim of a crime, you should know the applicable statutes of limitations. Sometimes, you may have as little as one year to file your civil claim. Contact an Alaska civil litigation attorney for specific advice about limitations of actions and ensure you are on track to file your civil case.

Learn About Alaska Statutes of Limitations

Alaska Civil Statute of Limitations

This article summarizes Alaska's time limits for filing various civil actions, such as contract actions, medical malpractice complaints, personal property disputes, personal injury cases, and torts.

Alaska Criminal Statute of Limitations

This article summarizes many of Alaska's criminal statute of limitations laws, including human trafficking, sexual abuse of a minor, and sex trafficking.