District of Columbia Statutes of Limitations

Like every state, the District of Columbia (D.C.) has statutes of limitations (SOL) that cover the time limits imposed on criminal and civil actions in the District's courts. These laws ensure the timely prosecution of criminal and civil cases.

Statute of Limitations Basics

Statutes of limitations are an essential part of our legal system. They give everyone a specific window of time (limitations period) within which to bring legal action. Without them, we can file lawsuits or prosecute others whenever we want to. This leaves defendants in a state of uncertainty about the outcome of their cases. Consider, for example, a person accused of criminal assault. Prosecutors must try the person within the statute of limitations or risk losing the case because the SOL expired.

Statutes of limitations apply to local, state, and federal governments. They apply in civil and criminal cases. They give us a framework to pursue justice. Each statute of limitation should identify the following:

• Cause of action (or the act that triggers the SOL)
• Limitations period (time that the SOL starts and when it expires)

When the period expires, no one can bring a civil or criminal case against the defendant. The court will likely dismiss a case where the statute of limitations no longer applies.

D.C. Statues of Limitations

Like other U.S. states and territories, the District of Columbia sets its own statutes of limitation. Title 12, Chapter Three (Limitation of Actions) of the District of Columbia Code sets forth the time limitations for bringing specific civil actions. The time periods for many actions vary. Some causes of action come with a one-year statute of limitations for pursuing your claim. Others give you three to 15 years to pursue a civil action.

Civil Actions

A few examples of the District of Columbia's civil statutes of limitations include, but are not limited to, the following:

• The recovery of land, tenements, and hereditaments (15 years)
• Medical malpractice (three years)
• The recovery of personal property or damages for the unlawful detention of the property (three years)
• False arrest, false imprisonment, libel, slander, mayhem (one year)
• Personal injury, injury to real or personal property

These are general statutes of limitation, but the D.C. Code addresses more specific causes of action and corresponding statutes of limitations. Consider, for example, 12 DCR 311, which addresses actions arising from death or injury caused by asbestos. This D.C. law gives plaintiffs several ways to begin counting when the statute of limitations starts. They include the following:

• Within one year of the date when the plaintiff "first suffered disability"
• Within one year of the date when the plaintiff knew or should have known that asbestos exposure caused the disability
• Three years from the time the right to maintain this action accrues

This chapter also addresses wrongful death based on asbestos exposure, with different time periods. D.C. law gives the decedent's family two years to discover the cause of death and take appropriate action.

Criminal Prosecution

The District of Columbia also has specific statutes of limitation for criminal conduct. Title 23, Chapter One of the D.C. official code addresses "Limitations on actions for criminal violations." Understandably, certain crimes do not have limitations on when a prosecutor can pursue charges. These crimes include the following:

• Murder (first and second degree)
• Murder of a law enforcement officer
• Sexual abuse (first, second, third, and fourth degrees)
• Child sexual abuse (first and second degree)

The D.C. Official Code gives prosecutors six years to prosecute most felonies and three years to prosecute most misdemeanors. Under D.C. law, the statute of limitation on criminal offenses begins the day after the commission of the crime. Prosecutions in the District of Columbia begin when one of the following happens:

• The prosecutor enters an indictment
• The prosecutor files information
• The prosecutor files a complaint that leads to the issuance of a warrant

The information included in this article provides an overview of the District of Columbia's statutes of limitations. For more information on the D.C. statute of limitations laws, consider checking out the following FindLaw articles:

• District of Columbia Civil Statute of Limitations
• D.C. Criminal Statute of Limitations

Get Legal Help

Statutes of limitations are only sometimes clear. Understanding the statute of limitations is imperative to ensuring the legal system affords you your rights. A District of Columbia attorney can help you understand how a statute of limitations applies to your case. Speak with a District of Columbia attorney today.