Colorado Statutes of Limitations

Like other states, Colorado has time limits on when plaintiffs and prosecutors file a case. The statutes of limitations apply to civil and criminal actions.

Under Colorado’s Revised Statutes, the civil statutes of limitation determine how long a plaintiff has to bring a cause of action against a defendant. Criminal statutes of limitation limit how much time a prosecutor has to file charges against a defendant. They also limit how long a defendant has to file an appeal after a conviction.

What Is the Purpose of Statutes of Limitation?

Statutes of limitation protect the rights of civil parties and defendants. The limitations period ensures that cases appear in court while evidence is available and witnesses’ recollections are fresh. Courts operate on the belief that "justice delayed is justice denied," and allowing cases to linger means unfairness to all parties.

Civil Actions

In Colorado, civil statutes of limitation determine how much time a plaintiff has to file a civil case against a defendant. The time depends on the nature of the case.

• Personal injury claims, including wrongful death: two years
• Motor vehicle claims: three years
• Libel, slander, and fraud: one year
• Breach of contract: three years
• Sexual misconduct civil claims: No time limit

The "discovery rule" lets the statutes begin or "run" when a plaintiff reasonably knows of the harm or injury. For instance, a medical malpractice claim may begin when a doctor gives improper treatment. But it might not begin until a year later when the patient discovers the effects of the improper treatment. In that case, the statute of limitations begins when the patient discovers the ill effects.

Criminal Actions

Criminal statutes of limitation protect defendants from overzealous prosecutors. In times past, kings and emperors could keep retrying defendants until they got the outcome they wanted. Today, prosecutors have limits on the time they can hold a defendant before bringing charges.

Under Colorado law, serious felonies like murder, kidnapping, and sexual offenses involving children have no time limit. Most criminal cases have statutes relative to their severity.

Vehicular homicide: five years, unless the defendant also left the scene of the accident, then 10 years.

• All other felony charges: three years
• All misdemeanors: 18 months
• Petty offenses: Six months
• Misdemeanor traffic offenses: One year
• Breach of fiduciary duty by a government official: extends the statute of the offense by one year

Tolling the Statute of Limitations

"Tolling" means pausing the period when the statute would run. Colorado state law tolls the statute when a person cannot appear in court.

Criminal cases are tolled when the defendant (adult or juvenile) is not in Colorado. Prosecutors must bring charges or dismiss the case within five years. (§ 16-5-401(2))

Civil cases pause if either party is under "disability," meaning they are a minor under 18, mentally incompetent, or under any other legal disability and do not have a legal guardian. (§ 13-81-101)

Get Legal Advice from a Colorado Attorney

Statutes of limitation determine when you can file civil cases. If you need to file a claim and are unsure about the statute of limitations, contact a Colorado attorney for more legal advice.