Iowa Statutes of Limitations

Statutes of limitations are time limits for plaintiffs to file civil cases and prosecutors to file criminal charges. Iowa state laws provide deadlines based on the type of case and, in some instances, the seriousness of the legal issue.

Statutes of limitations protect all parties’ civil rights. In criminal cases, limitation periods protect the defendant’s right to a speedy trial. Prosecutors must file cases as soon as law enforcement collects all available evidence. Under Iowa law, it may be a defense to a criminal charge that the prosecutor filed the case after the statute expired.

Civil statutes of limitations ensure plaintiffs file claims while evidence is available and witness recollections are fresh. It also prevents defendants from worrying about lawsuits lingering for years after an incident.

Tolling and the Discovery Rule

Civil statutes of limitation begin when a plaintiff is injured or harmed by a defendant’s actions. For instance, a personal injury claim begins after a car accident. The person injured has two years to file a claim.

Some types of injuries aren’t that simple. A product liability injury may not become apparent for months or years after the exposure. In these cases, the discovery rule lets plaintiffs start the statute on the date the injury was discovered.

Tolling suspends the statute for a period of time in the interests of justice. Criminal cases are tolled when a defendant is out of the state or is only identified through DNA evidence. Civil cases are tolled for plaintiffs who cannot file cases on their own behalf because of age or mental disability.

Learn About Iowa Statutes of Limitations

Iowa Civil Statute of Limitations

Civil statutes of limitation under Iowa code set filing deadlines for:

• Personal injury
• Medical malpractice
• Real estate claims
• Contract violations

Iowa Criminal Statute of Limitations

Criminal statutes of limitations under Iowa code require prosecutors to charge defendants in criminal cases within three years for most felonies and serious misdemeanors. A few crimes do not have time limits, including:

• Murder
• First- and second-degree sexual assault
• Sexual abuse or human trafficking involving a child

Iowa Statute of Limitations Articles

• Iowa Civil Statute of Limitations Laws
• Iowa Criminal Statute of Limitations Laws

Get Legal Advice About Statutes of Limitations From an Iowa Lawyer

Understanding Iowa state laws and statutes of limitation is essential for filing your civil case on time. If charged with a crime, consider speaking with an Iowa criminal defense attorney to protect your civil rights in criminal cases.

Knowing how to file a civil lawsuit can be tricky and intimidating. Getting legal advice for your case from an Iowa litigation attorney can give you a much better chance of getting relief from those who wronged you.