"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:
- The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
- Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
Below are the statutes of limitations in Idaho for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at any time, so be sure to check the current laws and read them carefully, or talk to an attorney if you have any questions.
Civil
Note: Most of the civil statutes of limitations are in Title 5, Chapter 2 of the Idaho Statutes or "code." You can scroll through the laws there to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute
|
Assault and Battery, 2 years |
Idaho Code § 5-219(5) |
Contract (in writing), 5 years |
Idaho Code § 5-216 |
Contract (oral or not in writing), 4 years |
Idaho Code § 5-217 |
False Imprisonment, 2 years |
Idaho Code § 5-219(5) |
Fraud, 3 years |
Idaho Code § 5-218(4) |
Enforcing Court Judgments, 6 years |
Idaho Code § 5-215(1) |
Legal Malpractice, 2 years |
Idaho Code § 5-219(4) |
Libel, 2 years |
Idaho Code § 5-219(5) |
Medical Malpractice, 2 years |
Idaho Code § 5-219(4) |
Personal Injury, 2 years |
Idaho Code § 5-219(4) |
Product Liability, 2 years |
Idaho Code § 5-219(4) |
Property Damage, 3 years |
Idaho Code § 5-218(3) |
Slander, 2 years |
Idaho Code § 5-219(5) |
Trespass, 3 years |
Idaho Code § 5-218(1) |
Wrongful Death, 2 years |
Idaho Code § 5-219(4) |
Criminal
Note: Generally, the Idaho criminal statutes of limitations are in Title 19, Chapter 4. You can scroll through the criminal laws (found in Title 18) to find crimes not listed below, and then use Title 19, Chapter 4 to find the statutes of limitations for those crimes.
Description |
Statute
|
Arson, 5 years |
Idaho Code § 19-402 |
Assault and Battery, 1 or 5 years (Depending on the facts of the case) |
Idaho Code § 19-402 or Idaho Code § 19-403(1) |
Burglary, 5 years |
Idaho Code § 19-402 |
Disorderly Conduct, 1 year |
Idaho Code § 19-403(1) |
Kidnapping, 5 years |
Idaho Code § 19-402 |
Manslaughter, voluntary, No time limit |
Idaho Code § 19-401(2) |
Manslaughter, involuntary, 5 years |
Idaho Code § 19-402 |
Murder, No time limit |
Idaho Code § 19-401(1) |
Rape, No time limit |
Idaho Code § 19-401(3) |
Receiving Stolen Property, 1 or 5 years (Depending on the facts of the case) |
Idaho Code § 19-402 or Idaho Code § 19-403(1) |
Robbery, 5 years |
Idaho Code § 19-402 |
Theft, 1 or 5 years (Depending on the facts of the case) |
Idaho Code § 19-402 or Idaho Code § 19-403(1) |
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