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Mississippi Statutes of Limitations

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"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 Mississippi for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, 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 15, Chapter 1 of the Mississippi Code of 1972. You can scroll through the laws in this Chapter to find the statute of limitations for civil claims or "causes of action" not listed below.

Description

Statute

Assault and Battery, 1 year

Miss. Code § 15-1-35

Contract (in writing), 3 years

Miss. Code § 15-1-49

Contract (oral or not in writing), 1 or 3 years (Depending on the type of contract)

Miss. Code § 15-1-29

False Imprisonment, 1 year

Miss. Code § 15-1-35

Fraud, 3 years

Miss. Code § 15-1-49

Enforcing Court Judgments, 7 years

Miss. Code §§ 15-1-43 and 15-1-45

Legal Malpractice, 3 years

Miss. Code § 15-1-49

Libel, 1 year

Miss. Code § 15-1-35

Medical Malpractice, 2 or 7 years (Depending on when the injury is "discovered")

Miss. Code § 15-1-36

Personal Injury, 3 years

Miss. Code § 15-1-49

Product Liability, 3 years

Miss. Code § 15-1-49

Property Damage, 3 years

Miss. Code § 15-1-49

Slander, 1 year

Miss. Code § 15-1-35

Trespass, 3 years

Miss. Code § 15-1-49

Wrongful Death, 3 years

Miss. Code § 15-1-49

Criminal

Note: The criminal statutes of limitations generally are in section 99-1-5 of the Mississippi Code. You can scroll through the criminal laws (found in Title 97 of the Code) for various crimes and then use § 99-1-5 to determine which statute of limitations applies to a crime not listed below.

Description

Statute

Arson, No time limit

Miss. Code § 99-1-5

Assault, 2 years or no time limit (depending on the facts of the case)

Miss. Code § 99-1-5

Burglary, No time limit

Miss. Code § 99-1-5

Disorderly Conduct, 2 years

Miss. Code § 99-1-5

Kidnapping, No time limit

Miss. Code § 99-1-5

Manslaughter, No time limit

Miss. Code § 99-1-5

Murder, No time limit

Miss. Code § 99-1-5

Rape, No time limit

Miss. Code § 99-1-5

Receiving Stolen Property, 2 years

Miss. Code § 99-1-5

Robbery, No time limit

Miss. Code § 99-1-5

Theft, No time limit

Miss. Code § 99-1-5

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