Minnesota Civil and Criminal Statutes of Limitations: What You Need to Know
Have you ever wondered what the time limits are for filing a lawsuit or a criminal charge in Minnesota? These time limits are known as statutes of limitations, and they vary depending on the type of case.
In this article, we will discuss the Minnesota civil and criminal statutes of limitations, including types of cases, time limits for filing, and examples of statutes of limitations.
Minnesota Civil Statute of Limitations
The civil statute of limitations refers to the time limit for filing a lawsuit or a civil action. In Minnesota, the types of civil cases include personal injury, libel, fraud, personal property, professional malpractice, trespass, contracts, debt, and judgments.
Time limits for filing vary depending on the type of case. For example, the statute of limitations for personal injury claims is two years from the date of the injury.
The statute of limitations for libel, slander, and fraud claims is six years. Likewise, for trespassing claims, the statute of limitations is two years.
In some cases, the statute of limitations does not begin until the plaintiff discovers the injury or harm. This is known as the discovery rule.
For instance, in medical malpractice claims, the statute of limitations may not start until the injury is discovered or should have been discovered.
Examples of Statutes of Limitations
Here are some examples of statutes of limitations for different types of civil cases in Minnesota:
– Personal Injury: 2 Years
– Libel, Slander, and Fraud: 6 Years
– Property Damage: 2 Years
– Professional Malpractice: 4 Years
– Trespassing: 2 Years
– Contracts: 6 Years
– Debt: 6 Years
– Judgments: 10 Years
Minnesota Criminal Statute of Limitations
The criminal statute of limitations refers to the time limit for filing a criminal charge in Minnesota. In some cases, there is no statute of limitations, meaning that charges can be filed at any time, even years after the crime was committed.
These cases include murder, manslaughter, human trafficking, sex trafficking, and cases involving DNA evidence. For other felony cases, the statute of limitations is three years from the date the crime was committed.
However, there are exceptions to this rule. For example, if the victim was a minor, the statute of limitations does not start until they turn 18 years old.
Likewise, in cases involving DNA evidence, the statute of limitations may not start until the DNA evidence is discovered. For misdemeanor cases, the statute of limitations is also three years.
This means that charges must be filed within three years of the date the crime was committed, or the statute of limitations will expire.
Acts During Which Statute Does Not Run
There are also certain acts during which the statute of limitations does not run for criminal cases in Minnesota. For example, if the defendant is participating in a pretrial diversion program, the statute of limitations will not run during the program.
Likewise, the statute of limitations will not run if DNA analysis is being conducted or if the defendant is out of the state.
Conclusion
In this article, we discussed the Minnesota civil and criminal statutes of limitations, including types of cases, time limits for filing, and examples of statutes of limitations. It is essential to be aware of the statutes of limitations for your specific case to ensure that you do not miss the deadline for filing.
If you have questions about the statutes of limitations in Minnesota, it is advisable to consult an experienced attorney who can provide legal guidance and representation.
3) Importance of Following Statutes of Limitations
Statutes of limitations are important deadlines to adhere to when filing a lawsuit or a criminal charge in Minnesota. The reason for these deadlines is to ensure that evidence and testimony are still fresh and available.
Additionally, it also prevents defendants from facing legal claims from events that occurred many years ago. Adhering to these deadlines is essential, and failure to do so can result in consequences that we will discuss below.
Consequences of Not Filing on Time
If you fail to file a lawsuit or criminal charge within the set deadline, the defendant may raise the defense of the statute of limitations. The defense of the statute of limitations is a legal claim that asserts that the plaintiff has waited too long to file their legal claim, making it unfair to the defendant.
In this case, the court may dismiss the plaintiff’s legal claim after a motion to dismiss has been filed. In civil cases, failing to comply with the statute of limitations, legally known as the plaintiff’s failure to sue within the time limit, extinguishes the right of action and thus forfeits the plaintiff’s legal entitlement.
The failure to sue in time, therefore, amounts to effective waiver or abandonment of the plaintiff’s cause of action. Filing beyond the appropriate time frame can cost you your legal claim, and that may result in loss of compensation and other remedies.
Moreover, in criminal cases, the statute of limitations defines the time limit within which criminal charges must be filed against the defendant. If the charges are brought beyond the statute of limitations, the defendant may raise the defense of the statute of limitations, leading to the dismissal of the charges.
As a result, it is crucial to know the statute of limitations for criminal charges in Minnesota.
Changing State Laws
As laws change from time to time, it is essential to confirm their validity. Although statutes of limitations can be verified by legal research, they can also be confirmed by contacting a knowledgeable attorney.
This step is important because state laws are subject to change from time to time, due to modifications, new legislation or policy implementation. While the internet can be an excellent resource for legal research, verifying the accuracy of the launch date and the source of data should not be overlooked.
While reputable websites such as government law departments, and some popular private legal websites are typically reliable sources of legal data, they should always be confirmed through more reliable means, like contacting a local Minnesota attorney.
4) Disclaimer
Reading an article about statutes of limitations is no substitute for legal advice. Every situation is unique, and while the information in this article is intended to be helpful, it is not legal advice.
As such, it is imperative to contact a local Minnesota attorney if you are considering pursuing legal action or have any legal concerns. They will provide legal guidance and representation to ensure that your legal claim is filed promptly, on time and that your rights remain protected.
Statutes of limitations are important deadlines to follow in Minnesota for filing legal claims. Failure to adhere to these deadlines can result in the loss of a legal claim or defense, dismissal of charges, and forfeiture of remedies.
It is essential to know the statute of limitations for a specific case to prevent these consequences. The accuracy of legal data from online sources should also be verified by contacting an experienced attorney.
Therefore, seeking legal advice from a local Minnesota attorney is recommended to ensure that your legal rights are protected.