What Is the Statute of Limitations in Mississippi?

In Mississippi, the statute of limitations establishes a legal deadline for filing civil lawsuits or criminal charges after an incident occurs. Lawmakers established this time limit to ensure that cases proceed while evidence is still fresh and witnesses’ memories are still accurate. The courts enforce them to stop people from making threats of legal action that could go on forever and be a burden to others, and the court system

How Long Is the Statute of Limitations in Mississippi?

In Mississippi, there are specific deadlines for filing lawsuits in civil cases and bringing charges in criminal cases. These deadlines depend on the type of crime or claim. Mississippi Code § 15-1-49 states that affected individuals usually have three years to file for most negligence-based claims in civil court. These claims include personal injury claims from accidents. According to Mississippi Code § 15-1-35, intentional harms like assault or defamation have a one-year limit. Mississippi Code § 99-1-5 states that the state usually has two years to prosecute misdemeanors and many felonies, but there are no time limits for serious crimes. For instance, a person who was the victim of a minor theft might not be able to pursue the case after two years, but a murder case can be pursued indefinitely. These time limits for filing a lawsuit in Mississippi help settle cases in time and keep evidence from being compromised. The table below classifies the statute of limitations for different types of cases:

What Crimes Have No Statute of Limitations in Mississippi

In Mississippi, some crimes are so grievous that prosecutors can charge suspects even if a lot of time has passed since the crime. These exceptions are necessary because the crimes are so serious and there is still a threat to public safety, so individuals cannot get away with them by waiting. Mississippi Code § 99-1-5 makes it clear that there are no time limits on these crimes, so investigation can go on forever. This provision reveals that the Mississippi law prioritizes holding individuals accountable for crimes that cause a lot of damage.

The crimes with no statute of limitations in Mississippi include the following:

• Murder
• Manslaughter
• Aggravated Assault
• Kidnapping
• Rape and sexual battery
• Arson
• Burglary
• Human trafficking
• Embezzlement of public funds

In Mississippi, prosecutors can charge people with these crimes at any time, even decades later, if new evidences come to light.

Criminal Statute of Limitations in Mississippi

Mississippi’s criminal statute of limitations is structured such that felonies, misdemeanors, and certain crimes have different time limits based on their severity. Mississippi Code § 99-1-5 says that most prosecutions should start within two years of the crime. However, if the defendant runs away or hides, the time limit is extended. The two-year rule usually applies to felonies like fraud or assault, unless they are exempt. Misdemeanors, on the other hand, follow the two-year rule without any exception. It is important to note that if a suspect leaves Mississippi, the state stops the clock and starts it again when they come back. This framework moderates felony limits in Mississippi and misdemeanor statute of limitations in Mississippi to achieve a balance between efficiency and justice. The table below classifies the statute of limitations for different types of crime categories:

Is There a Statute of Limitations on Attempted Murder?

Yes. In Mississippi, a two-year statute of limitations applies to attempted murder, distinguishing it from a completed murder. This is codified in Mississippi Code § 99-1-5(2), which stipulates that crimes not explicitly listed in the section, including attempted murder, should be prosecuted within two years unless the law specifies a different period. The no-limit statute of limitations for murder and the two-year statute of limitations for attempted murder in Mississippi reveal the legislature’s focus on completed acts of extreme violence.

Statute of Limitations on Sexual Assault in Mississippi

Mississippi gives sexual assault cases longer or unlimited time frames because it believes that the trauma lasts and that victims may not report it right away. Mississippi Code § 99-1-5 establishes that there is no time limit for prosecuting crimes like rape or sexual battery. If the victim is a minor, the state permits charges indefinitely, and recent updates have extended civil claims for child abuse to ten years after the minor reaches twenty-one years under amended Mississippi Code § 15-1-59.

Mississippi has not made these time frames shorter recently, but it has made protections for survivors stronger. The no-limit sexual assault statute of limitations in Mississippi and the extended rape reporting deadline in Mississippi make filing sexual abuse claims in Mississippi easy.

Civil Statute of Limitations in Mississippi

To keep the courts running smoothly, Mississippi requires plaintiffs to file civil lawsuits within certain time frames, depending on the type of claim. Courts usually disregard cases filed after these deadlines, except in very rare cases like the concealment of fraud or minority tolling. According to Mississippi Code § 15-1-49, a claimant has three years from the date of the injury to file a claim.

Breach of contract actions get three years for oral agreements and six years for written agreements under Mississippi Code § 15-1-49 and Mississippi Code § 15-1-29. Defamation suits should commence within one year, per Mississippi Code § 15-1-35. The three-year general rule applies to claims for property damage. If plaintiffs in Mississippi miss these civil lawsuit deadlines, they lose both their right and their remedy. This civil statute of limitations in Mississippi framework answers the question, “How long do you have to sue in Mississippi?” by categorizing claims for clarity.

The civil lawsuit deadlines in Mississippi address the question, “How long do you have to sue in Mississippi?” as detailed in the table below:

Statute of Limitations for Medical Malpractice in Mississippi

According to Mississippi Code § 15-1-36, Mississippi only allows medical malpractice lawsuits to be filed within two years of the negligent act or when it is reasonably discovered. The discovery rule starts the clock when the patients find out about the injury. This works for hidden harms, such as surgical mistakes. Plaintiffs should give the defendants 60 days’ notice before filing, which is a unique requirement. Courts are very strict about this and may discard late claims.

The medical malpractice claim deadline in Mississippi tells people how long they have to sue a doctor in Mississippi. It also accounts for issues not immediately discovered, protecting both patients and healthcare providers. The table below classifies the statute of limitations for the common cases of medical malpractice:

Statute of Limitations for Debt in Mississippi

Creditors in Mississippi have three years to sue for unpaid debts, which include credit cards, auto loans, and medical bills. This is covered by Mississippi Code § 15-1-29 and Mississippi Code § 15-1-49. The clock starts with the last payment or acknowledgement, and making a partial payment can reset it. This differs from credit reporting, which shows debts for seven years, even those that have been settled. When debtors make payments after the deadline, they may restart the clock on the claim. This debt statute of limitations in Mississippi clarifies how long debt can be collected in Mississippi, as seen in the table below, protecting consumers from perpetual harassment over unpaid credit card debt in Mississippi.

Statute of Limitations for Child Abuse and Child Support in Mississippi

Mississippi gives victims of child abuse a lot of time to come forward, both criminally and civilly, to make up for possible delayed disclosure on the part of the victim. No law under Mississippi Code § 99-1-5 applies to criminal sexual abuse of minors, so prosecution can go on forever. The general rule is that civil claims for child abuse should be made within three years. For sexual abuse, the age limit has been raised to ten years after the minor turns twenty-one years, as amended by the Mississippi Code § 15-1-59. When an individual reports child abuse, the authorities have to look into it right away and without any time limits. For child support enforcement in Mississippi, no statute of limitations applies. Courts may collect arrears indefinitely, and paternity actions extend to age 21 under Mississippi Code § 93-9-9.