What Is the Statute of Limitations in Minnesota?
The statute of limitations is the period of time in which a civil lawsuit must be filed or criminal charges must be brought. In Minnesota, there are a few exceptions, but if they do not apply, the claim or criminal case expires.
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Criminal Statutes of Limitations
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Under Minnesota statute 628.26, a statute of limitations varies depending on the crime. For example, there is no statute of limitations for murder and that case can be brought at any time. However, sexual assault cases must be brought within nine years of the incident and arson crimes within five years. Most other felonies and all misdemeanors have a three-year statute of limitations.
Criminal Exceptions
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The only time a criminal statute of limitations stops running is when a state resident suspected of the crime leaves the state or if the suspect is not a state resident.
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Civil Statutes of Limitations
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A statute of limitations for a civil lawsuit depends on the cause of action. Under Minnesota statute 541.07, a plaintiff must file a lawsuit for libel or slander, medical malpractice or persona injury within two years of the incident. The statute of limitations is six years for breach of contract, fraud, trespass and injury to personal property, according to 541.05.
Tolling
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A civil statute of limitations can be tolled or temporarily stopped for several reasons. The first exception is the "Discovery Rule." This means that if an injury could not be discovered before the statute of limitations expires, a plaintiff can still bring his lawsuit within a reasonable time once the injury is discovered. Another exception is when a plaintiff does not have the legal capacity to sue because he is a minor. The statute of limitations will begin to run once a plaintiff turns 18 years old.
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