"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 a 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 New Mexico 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 Chapter 37, Article 1 of the New Mexico Statutes. You can scroll through the laws on Article 1 to find the statute of limitations for civil claims or "causes of action" not listed below.
Description |
Statute |
Assault and Battery, 3 years |
N.M. Stat. § 37-1-8 |
Contract (in writing), 6 years |
N.M. Stat. § 37-1-3(A) |
Contract (oral or not in writing), 4 years |
N.M. Stat. § 37-1-4 |
False Imprisonment, 3 years |
N.M. Stat. § 37-1-8 |
Fraud, 4 years |
N.M. Stat. § 37-1-4 |
Enforcing Court Judgments, 6 or 14 years (Depending on the court that entered the judgment) |
N.M. Stat. §§ 37-1-2 and 37-1-3(A) |
Legal Malpractice, 4 years |
N.M. Stat. § 37-1-4 |
Libel, 3 years |
N.M. Stat. § 37-1-8 |
Medical Malpractice, 3 years |
N.M. Stat. § 41-5-13 |
Personal Injury, 3 years |
N.M. Stat. § 37-1-8 |
Product Liability, 3 years |
N.M. Stat. § 37-1-8 |
Property Damage, 4 years |
N.M. Stat. § 37-1-4 |
Slander, 3 years |
N.M. Stat. § 37-1-8 |
Trespass, 3 years |
N.M. Stat. § 37-1-8 |
Wrongful Death, 3 years |
N.M. Stat. § 41-2-2 |
Criminal
Note: Most of the criminal statutes of limitations are in sections 30-1-6 and 30-1-8 of the New Mexico Statutes. You can scroll through the criminal laws, which are located throughout Chapter 32, to find crimes not listed below, and then use §§ 30-1-6 and 30-1-8 to find the statutes of limitations for those crimes.
Description |
Statute |
Arson, 1, 2, 5, or 6 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) or (C) or (D) |
Assault and Battery, 1, 2, or 5 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(B) or (C) or (D) |
Burglary, 5 or 6 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) |
Disorderly Conduct, 1 year |
N.M. Stat. § 30-1-8(D) |
Kidnapping, No time limit or 6 or 5 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) or (H) |
Manslaughter, voluntary, 5 years |
N.M. Stat. § 30-1-8(B) |
Manslaughter, involuntary, 5 years |
N.M. Stat. § 30-1-8(B) |
Murder, first degree No time limit |
N.M. Stat. § 30-1-8(H) |
Murder, second degree, 6 years |
N.M. Stat. § 30-1-8(A) |
Rape ("Criminal Sexual Penetration"), No time limit or 6 or 5 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) or (H) |
Receiving Stolen Property, 1, 2, 5, or 6 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) or (C) or (D) |
Robbery, No time limit or 6 or 5 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) or (H) |
Theft ("Larceny"), 1, 2, 5, or 6 years (Depending on the facts of the case) |
N.M. Stat. § 30-1-8(A) or (B) or (C) or (D) |