Arizona Statute of Limitations: Filing Deadlines by Case Type

What Is the Arizona Statute of Limitations?
The statute of limitations in Arizona is a set of laws that establish strict deadlines for filing lawsuits and criminal charges. These time limits exist to promote fairness by ensuring that legal actions are brought while evidence is still fresh and witnesses are available.
Arizona's civil statutes of limitations are found primarily in Title 12 of the Arizona Revised Statutes. Criminal time limitations are governed by A.R.S. 13-107. Missing a filing deadline can permanently bar your claim, so understanding these time limits is essential for protecting your legal rights.
The clock typically starts running on the date the injury occurs, the breach happens, or the crime is committed. However, Arizona recognizes exceptions, including a discovery rule for cases where the harm was not immediately apparent.
Arizona Civil Statute of Limitations
Arizona's civil statute of limitations sets deadlines for filing lawsuits in state court. If you fail to file your claim before the deadline passes, the opposing party can file a motion to dismiss based on the expired statute of limitations. Once a court grants that motion, your legal claim is lost permanently.
The deadline that applies to your case depends on the type of claim you are bringing. Below is a comprehensive breakdown of Arizona's civil filing deadlines.
One-Year Limitations (A.R.S. 12-541)
The following civil actions must be filed within one year after the cause of action accrues:
- Malicious prosecution
- False imprisonment
- Libel or slander (defamation claims)
- Breach of employment contract
- Wrongful termination
- Liability created by statute (unless the statute itself specifies a different period)
Two-Year Limitations (A.R.S. 12-542)
These claims carry a two-year filing deadline:
- Personal injury (including car accidents, slip and fall, and assault)
- Wrongful death (2 years from the date of death)
- Medical malpractice (2 years from the date the injury is discovered or should have been discovered)
- Injury to personal property (damage to your belongings)
- Conversion of property (someone taking or using your property without permission)
- Trespass
- Forcible entry and forcible detainer
Three-Year Limitations (A.R.S. 12-543)
The following actions must be filed within three years:
- Oral contracts (debts or agreements not in writing)
- Open accounts (stated or open account between parties)
- Fraud (3 years from when the fraud is discovered or should have been discovered)
Four-Year Limitations (A.R.S. 12-544 and 12-550)
Arizona allows four years for these claim types:
- Foreign judgments (judgments from courts outside Arizona)
- Partnership accounts (disputes between partners)
- Sale of goods under the UCC (A.R.S. 47-2725 governs breach of contract for the sale of goods)
- Actions with no other specified deadline (A.R.S. 12-550 provides a general 4-year catch-all)
Six-Year Limitations (A.R.S. 12-548)
Written contract disputes carry the longest standard limitations period in Arizona:
- Written contracts for debt (6 years from the date of breach)
- Other written contracts (6 years)
Civil Statute of Limitations Summary Table
| Claim Type | Time Limit | Statute |
|---|---|---|
| Malicious Prosecution | 1 year | A.R.S. 12-541 |
| False Imprisonment | 1 year | A.R.S. 12-541 |
| Libel/Slander | 1 year | A.R.S. 12-541 |
| Wrongful Termination | 1 year | A.R.S. 12-541 |
| Breach of Employment Contract | 1 year | A.R.S. 12-541 |
| Personal Injury | 2 years | A.R.S. 12-542 |
| Wrongful Death | 2 years | A.R.S. 12-542 |
| Medical Malpractice | 2 years | A.R.S. 12-542 |
| Property Damage | 2 years | A.R.S. 12-542 |
| Trespass | 2 years | A.R.S. 12-542 |
| Fraud | 3 years | A.R.S. 12-543 |
| Oral Contracts | 3 years | A.R.S. 12-543 |
| Open Accounts / Debt on Account | 3 years | A.R.S. 12-543 |
| Foreign Judgments | 4 years | A.R.S. 12-544 |
| Sale of Goods (UCC) | 4 years | A.R.S. 47-2725 |
| General (no other statute applies) | 4 years | A.R.S. 12-550 |
| Written Contracts | 6 years | A.R.S. 12-548 |
Special Civil Limitations Periods
Several categories of civil claims have unique deadlines that fall outside the standard framework.
Claims Against Government Entities (A.R.S. 12-821)
Lawsuits against Arizona state or local government entities and public employees must be filed within one year after the cause of action accrues. Before filing suit, you must also submit a notice of claim within 180 days under A.R.S. 12-821.01. Failing to file the notice of claim on time will bar your lawsuit entirely, even if the one-year deadline has not yet passed.
Product Liability (A.R.S. 12-551)
Product liability claims follow the standard two-year personal injury deadline. However, Arizona imposes a statute of repose: no product liability action may be filed if the cause of action accrues more than 12 years after the product was first sold for use or consumption. Exceptions exist for claims based on manufacturer negligence or breach of an express warranty.
Construction Defects (A.R.S. 12-552)
Claims related to the design, engineering, or construction of improvements to real property must be filed within eight years after substantial completion of the improvement. If the injury is discovered during the eighth year, the claimant has one additional year to file, but no action may be brought more than nine years after substantial completion.
Arizona Criminal Statute of Limitations
Arizona's criminal statute of limitations, found in A.R.S. 13-107, sets deadlines for prosecutors to file criminal charges. These limits exist to protect individuals from facing charges for conduct that allegedly occurred in the distant past, when memories have faded and evidence may have been lost or degraded.
Crimes With No Statute of Limitations
Arizona law allows prosecution at any time for the following offenses:
- Homicide (including murder and manslaughter)
- Conspiracy to commit homicide resulting in a death
- Class 2 felony sexual offenses listed in Chapter 14 of Title 13 (including sexual assault, sexual conduct with a minor under 15, and molestation of a child)
- Violent sexual assault (A.R.S. 13-1423)
- Sexual exploitation of children (offenses under Chapter 35.1 of Title 13)
- Terrorism and organized crime offenses (A.R.S. 13-2308.01 and 13-2308.03)
- Commercial sexual exploitation (A.R.S. 13-3212)
- Misuse of public monies
- Felony involving falsification of public records
- Attempts to commit any of the above offenses
Standard Criminal Time Limits
For all other offenses, prosecution must begin within these time frames:
| Offense Classification | Time Limit |
|---|---|
| Class 2 through Class 6 Felony | 7 years |
| Misdemeanor | 1 year |
| Petty Offense | 6 months |
The clock starts when the state actually discovers the crime, or when the state should have discovered the crime through the exercise of reasonable diligence, whichever comes first.
Criminal Statute of Limitations Summary Table
| Crime Category | Time Limit | Statute |
|---|---|---|
| Murder / Manslaughter | No limit | A.R.S. 13-107(A) |
| Class 2 Felony Sex Offenses | No limit | A.R.S. 13-107(A) |
| Violent Sexual Assault | No limit | A.R.S. 13-107(A) |
| Sexual Exploitation of Children | No limit | A.R.S. 13-107(A) |
| Terrorism | No limit | A.R.S. 13-107(A) |
| Misuse of Public Funds | No limit | A.R.S. 13-107(A) |
| Falsifying Public Records (Felony) | No limit | A.R.S. 13-107(A) |
| Other Felonies (Class 2-6) | 7 years | A.R.S. 13-107(B) |
| Misdemeanors | 1 year | A.R.S. 13-107(B) |
| Petty Offenses | 6 months | A.R.S. 13-107(B) |
Tolling of the Criminal Statute of Limitations
Arizona law provides that the criminal statute of limitations may be extended (tolled) under certain circumstances. If the accused person is absent from the state or is concealing themselves to avoid prosecution, the time limit may be extended by up to three years beyond the standard period. The limitations period does not run during any time the accused is actively hiding or outside Arizona's borders.
When Does the Clock Start? Understanding Accrual and Tolling
Knowing the deadline is only half the equation. Equally important is understanding when Arizona starts counting.
The Accrual Rule
For most civil claims, the statute of limitations begins to run (or "accrues") on the date the injury, breach, or wrongful act occurs. For criminal offenses, the clock begins when the crime is discovered or should have been discovered through reasonable diligence.
The Discovery Rule
Arizona recognizes a discovery rule for certain claims. When an injury is not immediately apparent, the statute of limitations does not begin until the injured party discovers the harm or reasonably should have discovered it. This rule is particularly important in cases involving:
- Fraud (A.R.S. 12-543 specifies that the limitations period begins upon discovery of the fraud)
- Medical malpractice (where the effects of negligent treatment may not surface for months or years)
- Product defects with latent injuries
Tolling for Minors and Incapacitated Persons (A.R.S. 12-502)
If the person entitled to bring a civil action is under 18 years old or of unsound mind at the time the cause of action accrues, the limitations period is tolled (paused) during the period of disability. The clock does not begin running until the minor turns 18 or the incapacitated person regains capacity. This protection applies to most civil claims, though certain exceptions exist for claims involving real property.
Tolling for Absence From the State
For both civil and criminal matters, Arizona may toll the statute of limitations when the defendant is absent from the state. In criminal cases, this tolling can extend the limitations period by a maximum of three years.
Practical Tips for Meeting Arizona Filing Deadlines
Missing a statute of limitations deadline in Arizona has permanent consequences. Here are some practical steps to protect your rights:
- Act quickly after an injury or dispute. Even if the deadline seems far away, evidence degrades and witnesses become harder to locate over time.
- Identify the correct statute. Different claim types have different deadlines. Filing under the wrong statute could mean your claim is time-barred.
- Watch for shorter government deadlines. If your claim involves a government entity, you must file a notice of claim within 180 days, well before the one-year lawsuit deadline.
- Consult an attorney early. An Arizona attorney can help identify which deadline applies to your situation and whether any tolling exceptions might extend your time.
- Document the date of discovery. If you did not discover your injury right away, keep records showing when you first learned about the harm. This evidence supports a discovery rule argument.
State laws related to filing lawsuits can change. While our goal is to provide the most current information available, consider consulting an Arizona attorney or conducting legal research of your own to verify the laws that apply to your situation.
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Sources and References
- A.R.S. 12-541 - One Year Limitations(azleg.gov).gov
- A.R.S. 12-542 - Two Year Limitations (Personal Injury, Wrongful Death, Property)(azleg.gov).gov
- A.R.S. 12-543 - Three Year Limitations (Oral Debt, Fraud)(azleg.gov).gov
- A.R.S. 12-544 - Four Year Limitations (Foreign Judgments, Partnership Accounts)(azleg.gov).gov
- A.R.S. 12-548 - Six Year Limitation (Written Contracts)(azleg.gov).gov
- A.R.S. 12-550 - General Four Year Limitation(azleg.gov).gov
- A.R.S. 12-551 - Product Liability Statute of Repose(azleg.gov).gov
- A.R.S. 12-552 - Construction Defect Limitations(azleg.gov).gov
- A.R.S. 12-821 - Government Entity Claims (One Year Limitation)(azleg.gov).gov
- A.R.S. 12-821.01 - Notice of Claim Requirement (180 Days)(azleg.gov).gov
- A.R.S. 12-502 - Tolling for Minors and Incapacitated Persons(azleg.gov).gov
- A.R.S. 13-107 - Criminal Time Limitations(azleg.gov).gov
- A.R.S. 47-2725 - UCC Statute of Limitations for Sale of Goods(azleg.gov).gov