Michigan Statutes of Limitations
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed January 06, 2025
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Statutes of limitations are state laws that limit how long plaintiffs and prosecutors have to bring a case to court. The limitations periods vary depending on the nature of the case. Criminal statutes of limitation protect a defendant's right to a speedy trial. Civil statutes of limitation ensure plaintiffs file claims while evidence is available and witness memories are fresh.
Michigan statutes of limitation resemble those of most states. Civil statutes range from one to 20 years. A personal injury claim has a two-year statute of limitations. Criminal cases may have no time limits for serious crimes like murder, while misdemeanors have a standard six-year limitation period.
Michigan Statutes of Limitations
Michigan Civil Statutes of Limitations MCL § 600.5801 (et seq.)
Civil statutes of limitation set time periods for plaintiffs to file claims. The statute begins, or runs, from the time the harm happens. A plaintiff has to file a personal injury lawsuit within two years of an accident. Other types of cases include:
- Defamation/libel
- Fraud
- Property damage
- Medical malpractice
- Wrongful death
- False imprisonment
Under state law, plaintiffs have a cause of action for a civil lawsuit when the incident happens or when they "reasonably discover" the cause of harm. In some cases, such as product liability cases, the injury may appear months or years after exposure. The discovery rule extends the filing deadline until that time.
Michigan Criminal Statutes of Limitations MCL § 767.24 (et seq.)
Under Michigan law, serious felonies have no time limits. Prosecutors may bring criminal charges at any time. Some criminal sexual conduct crimes have 10-year statutory limits if there is DNA evidence but no known suspect. Once the prosecutor identifies a suspect, they must file charges within one year.
Tolling
In criminal cases, the statute of limitations is paused, or "tolled," if the suspect lives outside the state of Michigan. It resumes when the suspect returns to Michigan.
In civil cases, tolling happens if the plaintiff can't file a claim because they are underage or mentally incapable of understanding their legal rights. The statute resumes when this disability ends.
Michigan Statutes of Limitations Articles
Get Legal Advice from a Michigan Personal Injury Attorney
Understanding the statutes of limitation is essential for your case, whether you are facing criminal charges or filing a personal injury case. You need legal advice from a Michigan civil attorney or a criminal defense attorney to protect your rights and help your case.