A statute of limitations is a legal deadline for filing lawsuits or criminal charges. In Arizona, the time limit depends on the type of case and when the incident was discovered. Failing to file within the deadline can result in losing the right to pursue legal action. If you believe you have a case, understanding Arizona’s statute of limitations is essential to protecting your rights.
Why Does Arizona Have a Statute of Limitations?
The statute of limitations serves two primary purposes: preserving evidence and ensuring fairness. As time passes, evidence can disappear, and witnesses may forget key details. Setting a deadline ensures cases are handled while information is still reliable. It also prevents individuals from facing legal action indefinitely.
Civil Statute of Limitations in Arizona
Civil cases involve legal disputes between individuals or businesses. If the plaintiff wins, the court may order financial compensation or other remedies. The time limits for filing civil cases vary depending on the claim type.
One-Year Deadline
- Wrongful termination
- Libel and slander (defamation)
- False imprisonment
- Malicious prosecution
- Breach of employment contracts
- Seduction or breach of promise to marry
Two-Year Deadline
- Personal injury claims (car accidents, slip and falls, etc.)
- Wrongful death lawsuits (starting from the date of death, not the incident)
- Property damage claims
- Trespassing lawsuits
- Product liability claims (defective products causing injury)
Three-Year Deadline
- Fraud cases
- Oral contracts (verbal agreements)
- Stated or open accounts (credit card debt, revolving credit balances)
Four-Year Deadline
- Breach of written contracts (such as business or sales agreements)
- Failure to comply with court judgments or orders
- Disputes involving partnerships and trade agreements
Six-Year Deadline
- Lawsuits based on written debt agreements, such as loans and promissory notes
Cases Involving Minors If the injured party is under 18, the statute of limitations is paused until their 18th birthday. They then have two years from that date to file a lawsuit.
Criminal Statute of Limitations in Arizona
Criminal cases involve offenses against the state or public. Prosecutors must file charges within a specific time frame, depending on the crime.
General Criminal Time Limits
- Petty offenses: 6 months
- Misdemeanors: 1 year
- Felonies (Classes 2-6): 7 years
Crimes With No Time Limit
- Murder (including negligent homicide and manslaughter)
- Violent sexual assault
- Class 2 felony sex offenses
- Sexual exploitation of a child
- Misuse of public funds
Other Criminal Time Limits
- Child sex trafficking: 7 years
- Hit-and-run causing death: 7 years
- Vehicular homicide (from a moving violation): 2 years
- Theft under $1,000: 1 year
- Felony theft over $1,000: 7 years
- Fraud and burglary: 7 years
When Does the Statute of Limitations Start?
Arizona follows the “discovery rule,” meaning the statute of limitations starts when the harm is discovered or should have been discovered. This rule benefits victims in cases where injuries or fraud are not immediately obvious.
Exceptions That Pause the Statute of Limitations
- If the defendant is out of state, the time limit is paused until they return.
- If the defendant’s identity is unknown, the time limit does not begin until they are identified.
Need Legal Assistance?
Understanding Arizona’s statute of limitations is crucial for protecting your legal rights. If you have a case, waiting too long can mean losing your ability to seek justice. Whether you are dealing with a personal injury, contract dispute, or criminal matter, speaking with an attorney can help you understand your options.
If you need legal assistance, call CLS Law at (855) 257-9467 for a free consultation. Our experienced attorneys in Phoenix can help you take the next steps before it’s too late.