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Texas Statutes of Limitations
Statutes of limitations define the time period in which a lawsuit or other civil action must be filed, as measured from the date of the incident.
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Statutes of limitations define the time period in which you must file your civil lawsuit. They also dictate how long the prosecutor has to pursue criminal charges against a would-be defendant.
States have different statutes of limitations depending on the type of civil action or crime, and Texas is no different. For instance, Texas law imposes a four-year time limit for fraud but a seven-year statute of limitations for arson charges.
Click on the links below to learn more about the statutes of limitations in Texas.
Why Do We Have Statutes of Limitations?
Lawmakers implemented statutes of limitations to ensure that factfinders, be they judges or juries, make decisions based on reliable and credible evidence. Over time, people’s memories fade and change. Prosecutors and defense attorneys can lose evidence or track of witnesses.
Texas law increases the chances of a fair justice system by requiring parties to commence legal actions within a specific timeframe. This is why the courts strictly apply filing deadlines. If you don’t file your civil lawsuit before the civil statute of limitations expires, you’ll lose your chance to pursue damages.
The same is true for criminal cases. If the state prosecutor fails to bring criminal charges against an alleged defendant within the statute of limitations period, they will lose the chance to prosecute the case.
Can the State Still Press Charges if the Prosecutor Misses the Criminal Statute of Limitations?
If law enforcement arrests a suspect for sexual assault, the statute of limitations for that offense in the State of Texas is ten years. The prosecutor’s office has that amount of time to collect evidence against the would-be defendant and press charges before the window of opportunity closes.
If a suspect leaves the state and goes to school abroad, the statute of limitations on the crime pauses, or "tolls," until the defendant returns to Texas. If the statute of limitations restarts and passes after their return without the prosecutor filing charges, they cannot be tried for that offence. Under Texas law, it would not be fair for someone to look over their shoulder and wait for the state to file charges forever.
Learn More About Texas Statutes of Limitations
The following FindLaw sections discuss Texas’s statute of limitation laws.
Texas Civil Statute of Limitations
This article explains Texas statutes of limitations (time limits) for filing civil complaints. This page discusses various types of civil lawsuits, including the following:
- Personal injury
- False imprisonment
- Libel, slander, and defamation
- Fraud
- Personal property damage
- Professional malpractice
- Trespassing
- Breach of contract
- Creditor rights claims
Texas Criminal Statute of Limitations
This page explains the criminal statutes of limitations for prosecutors to bring criminal charges in the Lone Star State. These filing deadlines apply to all felonies and misdemeanors, including:
- Insurance fraud
- Bigamy
- Kidnapping and aggravated kidnapping
- Misapplication of fiduciary property
- Money laundering
- First-degree murder
- Public indecency
- Continuous trafficking of persons
- Medicaid fraud
- Use of forged instruments
The Texas Code of Criminal Procedure governs the criminal statutes of limitations. FindLaw provides links to the specific sections of the code for each type of crime.
Related FindLaw Texas Statutes of Limitations Articles
- Texas Civil Statute of Limitations Laws
- Texas Criminal Statute of Limitations Laws
- Texas Statute of Limitations for Defective Products
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Contact a Texas Criminal Defense Attorney or Personal Injury Lawyer for Help
If you have questions about the statutes of limitations in your state, a local attorney can help. A personal injury attorney will help ensure you file your civil case on time. A local criminal defense lawyer can defend you if the state attempts to pursue criminal charges beyond the statute of limitations period.
Learn About Texas Statutes of Limitations
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Texas Civil Statute of Limitations
FindLaw looks at statutes of limitations (time limits for filing your complaint) for civil lawsuits in Texas, including personal injury; false imprisonment; defamation; fraud; damage to personal property; professional malpractice; and trespassing.
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Texas Criminal Statute of Limitations
Learn about statutes of limitations for prosecutors to bring criminal charges in the Lone Star State, whether they are felonies or misdemeanors, and related information in this FindLaw article.
Texas Statutes of Limitations Articles
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