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What Is the Statute of Limitations in Michigan?
In Michigan, the statute of limitations refers to statutory periods for initiating legal proceedings for all civil or criminal cases. This state-approved legislative period is enacted to ensure a case is prosecuted within reasonable timeframes where evidence is available and the memories of the witness(s) remain reliable. However, after that, the case is time-barred or completely dismissed by the court.
Michigan law governs the statute of limitations for both criminal and civil cases within the state. These limits aim to pursue and uphold the justice system's fairness in prosecuting Michigan felonies misdemeanors and infractions and protect defendants from facing lawsuit threats in perpetuity. Careful assessment of the state's statute of limitations is crucial to comprehending the distinct boundaries between case dismissal and justice actualized.
How Long Is the Statute of Limitations in Michigan?
Practically, there are no uniform fields for initiating legal actions in Michigan. The time limits for filing lawsuits in Michigan are influenced by certain factors, such as:
- Severity/nature of the offense
- Expected time/date of discovery
- Availability of evidence
The statutory limit to file a civil lawsuit in Michigan for misdemeanors begins from the date the offense was discovered/occurred and applies up to 6 years. In contrast, the statute of limitations in Michigan for criminal claims stays open, extending through an indefinite period for weighty felony cases. For instance, a personal injury lawsuit in Michigan has a maximum of 3 years filing limits, and a 6-year statutory limit applies to all misdemeanor cases.
Listed below are Michigan's types of cases and statute of limitations approved within its justice structure:
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 6 years | This statutory limit applies to offenses within this category, with exceptions to tolled cases/crimes with delayed discovery |
| Felony | 6 years | Grievous felonies such as murder, rape, first-degree criminal sexual conduct, and manslaughter have no expiration date. |
| Civil infractions | 1 year | Charges such as slander can be filed within this period, but not exceeding |
| Civil statutes | 6 years | Lawsuits within this category will be filed by prosecutors within this period, after which the case might exit, but not be enforceable in court. |
What Crimes Have No Statute of Limitations in Michigan
Crimes with no statute of limitations in Michigan are designated offenses that the state perceives as grievous. Indictments for these crimes can be found and prosecuted anytime in Michigan. These extensive limits are based on deeply held beliefs that the pursuit of justice is paramount and outweighs the hindrances created by the passage of time.
This state legal approach provides exceptions to appalling assaults which has a significant impact on the victim's life, human rights, and dignity. Exceptions to crimes that can be prosecuted at any time in Michigan include the following:
- Murder
- Child molestation
- Criminal sexual conduct (CSC) with a minor
- Michigan Penal Code violations of chapter XXXIII, and LXVIIA, are punishable by life imprisonment
- Violent crimes
Criminal Statute of Limitations in Michigan
The criminal statute of limitations in Michigan details time limits for prosecutors to file claims against alleged offenders. Unless broadly stated, the misdemeanor statute of limitations in Michigan for lower-level offenses not involving longer jail terms applies for a period of 6 years. Cases prosecuted within this category are time-barred and prone to expire once their statutory periods are exceeded.
The felony time limit in Michigan for crimes such as assault with intent to commit murder, manslaughter, murder/attempted murder, armed robbery, extortion/fraud, kidnap, and other related offenses punishable by life imprisonment applies for a period of 10 years.
Specific crimes like fraud, extortion, and embezzlement operate under the state’s ‘discovery rule,’ which defers the standard limits to file a lawsuit, i.e., the legal clock ticks from the time the offense was discovered by the victim. A toll/pause also applies under Michigan law, which suspends an indictment period's limits automatically if the alleged suspect evades conviction or leaves the state. The statutory limit clock resumes when the suspect returns.
Outlined below is Michigan’s statute of limitations for specific types of offense(s), their associated deadlines, and statutory codes:
| Category of offense(s) | Statutory limits | State’s statutory codes |
|---|---|---|
| First-degree criminal sexual conduct, murder, solicitation/conspiracy to commit murder, terrorism, certain life-imprisonment offenses | Indefinite | MCL § 767.24(2) |
| Child sex trafficking/human trafficking | 25years | MCL § 750.13 |
| Attempted murder, kidnap, manslaughter, extortion, first-degree home invasion, assault with intent to commit murder, etc | 10years | MCL § 600.5805(6) |
| Child sexual abuse after 10years or by the victim’s 21st birthday/15years after, or by the victim’s 42nd birthday | Within 10/15 years, statute limits are regulated by the victim’s age | MCL § 767.24(4),(5) |
| Other misdemeanors/felonies not specified | 6years | MCL § 600.5813 |
| Judgment of the court of records | 10 years | MCL § 600.5809(3) |
Is There a Statute of Limitations on Attempted Murder?
Yes. The statute of limitations for attempted murder in Michigan applies for a standard period of 6 years, within which the state is required to file charges. Although how long someone can be charged with attempted murder in Michigan is influenced by factors such as a toll/pause, which applies when a crime suspect leaves the state, and or the presence of credible evidence, i.e, the suspect’s DNA, which uncovers the identity of the suspect long after the crime was perpetuated.
However, cases of attempted murder bear distinct legal weight from the actual act of murder, which extends beyond ‘intent’ to the ‘actual act’ of committing a crime.
Statute of Limitations on Sexual Assault in Michigan
Sexual assault statute of limitations in Michigan are filed according to the circumstances pertaining to its occurrence. This includes:
- Victim’s age i.e, minor/adult
- Existence of credible evidence
- Time offense was discovered
- Available DNA of alleged suspect
- Suspect absence from the state
The state’s response to recent reforms to protect the interests of sexual assault victims potentially extends the statutory deadlines for filing sexual assault claims in Michigan. This creates an extensive period for survivors to file civil lawsuits for damages. Rape reporting deadline in Michigan also has extended filing options, which are equally influenced by the victim’s age and the quality of evidence.
Civil Statute of Limitations in Michigan
Civil statute of limitations in Michigan highlights strict deadlines for individuals seeking justice to file a personal injury lawsuit. Civil lawsuit deadlines in Michigan are largely dependent on the types of claims. For instance, property damage/personal injury claim victims must file charges within 3 years from the date the crime occurred/discovered, while other civil cases, such as defamation and breach of contract (both oral and written), have statutory filing limits of 1 and 6 years, respectively.
How long you must sue in Michigan is crucial to exercising your fundamental rights and receiving compensation/recovery damages. Non-compliance would result in outright case dismissal once the statutory limit expires, regardless of the severity of the offense or the weight of evidence available. Although the statute of limitations of certain crimes may be extended by the following:
- Certain fraudulent cases
- Minor victims
- Delayed discovery of damages
Outlined by Michigan Civil Practice and Penal Code, below are some civil statute of limitation which applies within the state:
| Civil cases | Statute of limitations | Michigan Civil Practice and Remedies Code |
|---|---|---|
| Medical malpractice | 2 years | MCL § 600.5805(8) |
| Personal injury | 3 years from the date of injury/discovery | MCL § 600.5805(2) |
| Products liability | 3 years | MCL § 600.5805(12) |
| General breach of contract | 6years | MCL § 600.5807(9) |
| Libel/slander | 1 year | MCL § 600.5805 (11) |
| Assault/Battery | Generally, a relationship of 2 years/5 years exists between the suspect and the victim, i.e, spouse/had a child in common | MCL § 600.5805(4) MCL § 600.5805(5) |
Statute of Limitations for Medical Malpractice in Michigan
The medical malpractice statute of limitations in Michigan requires victims to file charges within 2 years from the date of appointment/discovery where medical malpractice results in the patient's death. The legal representative is typically required to file a lawsuit for up to 3 years from the appointment date of the procedure, but certainly not beyond it.
The state's discovery rule usually influences malpractice claim deadlines in Michigan. This rule explains the accepted reasonable period for an injury to have been detected/noticed. Before filing a medical malpractice lawsuit, the time to sue a doctor in Michigan can be enforced after serving a written intent to sue a medical practitioner/healthcare provider for 182 days, the baseline requirement before claims can be formally initiated.
The following are common instances of medical malpractice cases:
| Types of Medical Malpractices | Examples |
|---|---|
| Surgical errors | leaving a surgical instrument in a patient’s body. |
| Wrong/delayed diagnosis | Performance of medical procedures without proper diagnosis of the underlying health challenge. |
| Birth injuries | Improper use of forceps potentially causing harm to the newborn. |
| Anesthesia errors | Administering too little, which exposes patients to severe pain, or too much, which could lead to a brain injury. |
| Medication errors | Wrong drug prescription/excessive dosage. |
Statute of Limitations for Debt in Michigan
Debts and other related issues are treated as a breach of contract, and how long debt can be collected in Michigan is determined by the following:
- The debt type
- Debtor’s acknowledgement of indebtedness
- Last payment activity
The debt statute of limitations in Michigan applies to medical bills, credit cards, auto loans, and personal loans for 6 years from the date of the written agreement or the last payment activity by the debtor. Creditors are required to file lawsuits against debtors within this period to recover debts. After that, the debt recovery process continues but stays personal, as debt status is unapplicable within the state's legal system.
Acknowledgment/payment of part of an accrued sum can significantly affect the debt statute of limitations in Michigan, by resetting the payment clock of a loan to resume counting from its most recent payment. The following are the statutes of limitation for various types of debt in Michigan:
| Types of debts | Statute of limitation | Note |
|---|---|---|
| Credit card | 6 years | This statutory period begins from the date of last default/payment. |
| Medical bills | 6 years | Healthcare providers can sue to recover debts within this timeframe. |
| Auto loan | 6 years | This category includes auto loan balances and outstandings from repossessed vehicles |
| Personal loans | 6 years | This limit covers bank credits and all private loans |
| Contracts | 6 years | This limit applies to written and oral contracts (formal loan agreements). The latter would be difficult to challenge in a lawsuit, as contracts were performed without documentation |
Note: Unpaid credit and debt usually appear on an individual's credit reports and remain visible up to 7 years from the first delinquency date, even after the statute of limitations expires.
Statute of Limitations for Child Abuse and Child Support in Michigan
The statute of limitations for child abuse in Michigan provides an indefinite path to secure justice. A child abuse lawsuit can be filed at any time, regardless of the period during which the abuse occurred. This unlimited lawsuit period is designed to reflect the severity of the offense and the undeniable/long-lasting impact of the crime on its victims.
The statute of limitations for the enforcement of child support in Michigan, in its traditional sense, safely limits a child’s entitlement to financial support as a dependent. This generally exists for a period of 10 years, which begins from the due date of the last payment, regardless of whether the due payment was made or not. This statutory limit is determined by the following factors, but not limited to:
- Child’s age
- Educational status
However, when a child is of age, i.e. 18 years, continual child support provision is usually instituted by a court order and stays valid until the child completes basic high school, but not exceeding the age of 19 years and 6 months. While the statute of limitations for the enforcement of child support is financially defined, the period for the pursuit of a child abuse lawsuit is morally defined, extensively focused on child abuse survivors.