"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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