FREQUENTLY ASKED QUESTIONS - STATUTE OF LIMITATIONS

FREQUENTLY ASKED QUESTIONS:
STATUTE OF LIMITATIONS

The Law Library Staff prepares "Frequently Asked Questions" for the convenience of our users to provide access to a variety of sources addressing particular points of law. These are general legal information sources, and are not to be construed as a substitute for personal legal advice from an attorney. Please seek legal counsel to help you determine the applicability of any of the information in these resources to your specific situation. The Law Library makes no recommendation as to whether you should purchase any services offered by the websites contained in this FAQ.

Nolo.com: Basic information on statute of limitations.
In order to discourage unreasonable delay in bringing civil lawsuits and criminal prosecutions, statutes of limitations provide time limits for beginning such actions. These time limits begin to run when the right to take legal action arises or when a crime is committed. In general, the unexcused failure to start a case on time bars a court from hearing the case.

Some of the common Ohio time limits for starting civil cases are: 21 years to recover real estate; 8 years to sue on written contracts; six years to sue on oral contracts; two years for actions for personal injuries or property damage; and one year for libel, slander, malicious prosecution, false imprisonment, and professional malpractice. Most other types of lawsuits are subject to a four-year limitation." Ohio State Bar Association: The Law and You.
Ohio Revised Code Sections Concerning Statute of Limitations:
- Dayton Law Library: Statute of Limitations Resource Guide
  
  The following table provides references to some of the statutes which govern the limitation of certain types of actions. When determining a statute of limitation, care must be taken to consult all relevant statutes and case law. Statute of limitations can be very complex. There may be a separate statute of limitations for actions as specific as: an action to contest diminution of interests in common areas and facilities of condominiums ORC 5311.052, or an asbestos abatement action by a board of education ORC 2305.091. The Cleveland Law Library makes no guarantees that the following table will necessarily provide the correct statute of limitation in your case.

Type of Action	Ohio Revised Code Section
Contract Actions
Contract in Writing	ORC 2305.06
Contracts Not in Writing	ORC 2305.07
Breach of Contract for Sale of Goods	ORC 1302.98
Certain Actions by Employees for Payment of Wages	ORC 2305.11
Property Actions
Trespassing Upon Real Property	ORC 2305.09
Taking or Detaining of Personal Property, or Recovery of Personal Property	ORC 2305.09
Eviction (Forcible Entry and Detainer)	ORC 1923.01
Recovery of Real Property (Adverse Possession)	ORC 2305.04
Tort/Personal Injury Actions
Fraud	ORC 2305.09
Wrongful Death	ORC 2125.02(D)
Injury to Rights of Plaintiff Not Arising on Contract and Not Otherwise Enumerated	ORC 2305.09
Bodily Injury, Injury to Personal Property, Products Liability	ORC 2305.10
Libel, Slander, Malicious Prosecution, or False Imprisonment	ORC 2305.11
Malpractice	ORC 2305.11
Medical Malpractice	ORC 2305.113
Assault and Battery	ORC 2305.111
Tax Refunds
State Income Tax Refund	ORC 5747.11
State Corporate Tax Refund	ORC 5733.12
Municipal Income Tax Refund	ORC 718.12
Actions against the Government
Certain actions against the State in the Court of Claims	ORC 2743.16
Actions Against Political Subdivisions	ORC 2744.04
Any Civil Action Not Otherwise Provided For	ORC 2305.14
Criminal Prosecutions	ORC 2901.13

Federal Criminal Statute of Limitations:

US Code, Title 18, Chapter 213 deals with statute of limitations for federal criminal offenses. 18 USC 3282 sets out the general statute of limitation for non capital offenses, which applies unless the U.S. Code states otherwise. For example, a different statute of limitations is created for certain terrorist acts, see 18 USC 3286.
U.S. Attorney Manual Section 9-1800, Defenses, contains much discussion on statute of limitations.

Statutes of Limitations in Other States

Chart: Statute of Limitations in All 50 States by Nolo.com.
Findlaw: Ohio Statute of Limitations Laws

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Created on: May 21, 1999 -