Michigan Statute of Limitations: Filing Deadlines by Case Type
Understanding the statute of limitations in Michigan is essential for anyone considering legal action. Whether you are dealing with a personal injury claim, a contract dispute, or a criminal matter, Michigan law sets strict deadlines. Missing these deadlines can permanently bar your case from court.
Michigan's statutes of limitations are found primarily in the Revised Judicature Act of 1961 (MCL Chapter 600) for civil matters and in the Code of Criminal Procedure (MCL 767.24) for criminal cases. The filing periods vary based on the type of case and specific circumstances.
Michigan Civil Statute of Limitations
Michigan's civil statute of limitations establishes the maximum time you have to file a lawsuit after a legal dispute arises. These limits typically range from one to ten years, depending on the type of case.
Once the filing deadline passes, the opposing party can raise the statute of limitations as a defense and move to dismiss the case. Any legal claim will be permanently lost once a court grants that dismissal.
Personal Injury (3 Years)
Under MCL 600.5805(2), you have 3 years from the date of injury to file a personal injury lawsuit in Michigan. This deadline applies to car accidents, slip and fall injuries, dog bites, product liability claims, and most other negligence-based torts.
For wrongful death claims, the personal representative must file within 3 years of the date of death under the same statute.
Intentional Torts (2 Years)
Claims for assault, battery, and false imprisonment must be filed within 2 years of the incident under MCL 600.5805(3).
Defamation: Libel and Slander (1 Year)
Michigan gives plaintiffs just 1 year to file a defamation lawsuit. Under MCL 600.5805(7), this applies to both libel (written defamation) and slander (spoken defamation).
Medical Malpractice (2 Years with Discovery Rule)
Under MCL 600.5805(8), medical malpractice claims must be filed within 2 years from the date the malpractice occurred, or within 6 months of when the plaintiff discovered (or should have discovered) the injury, whichever is later.
Michigan also imposes a hard 6-year statute of repose, meaning no medical malpractice claim can be filed more than 6 years after the act or omission, regardless of when the injury was discovered. This is one of the strictest repose periods in the country.
Filing a Notice of Intent under MCL 600.2912b tolls the statute of limitations for 182 days. However, this tolling does not apply in wrongful death cases arising from medical malpractice.
Property Damage (3 Years)
Claims for damage to personal property or real property must be filed within 3 years under MCL 600.5805(2). This applies to damage caused by negligence, motor vehicle accidents, or other tortious acts.
Contracts (6 Years)
Under MCL 600.5807, Michigan provides a 6-year statute of limitations for breach of contract claims. This period applies to both written and oral contracts.
Specific contract-related deadlines under this statute include:
| Contract Type | Time Limit | Statute |
|---|---|---|
| General breach of contract | 6 years | MCL 600.5807(8) |
| Bond of a public officer | 10 years | MCL 600.5807(2) |
| Covenant in a deed or mortgage | 10 years | MCL 600.5807(3) |
| Surety bond for personal representative or guardian | 4 years after discharge | MCL 600.5807(5) |
| Public obligations (bonds, notes) | 10 years | MCL 600.5807(7) |
Fraud (6 Years)
Actions based on fraud must be filed within 6 years under MCL 600.5813. This is the same catch-all provision that covers other personal actions not specifically listed elsewhere in the statute.
If a defendant fraudulently concealed the existence of a claim, MCL 600.5855 allows the plaintiff to file within 2 years of discovering (or when they should have discovered) the concealed claim, even if the standard deadline has passed.
Trespass (3 Years)
Trespass claims in Michigan fall under the 3-year limitation for property injuries in MCL 600.5805(2). For continuing trespass situations, a new cause of action arises with each occurrence, allowing the plaintiff to recover for damages that accrued within the 3-year period before filing.
Judgments (10 Years)
Under MCL 600.5809(3), a judgment from a Michigan court of record is enforceable for 10 years from the date it was rendered. Judgments from courts not of record carry a 6-year enforcement deadline.
District court judgments entered on or after May 25, 1973 (except small claims judgments) are treated as judgments of a court of record and receive the 10-year period. Parties can renew a judgment by bringing an action on it before the limitation period expires.
Government Claims (Notice Requirement)
If your injury was caused by a dangerous road or public building, Michigan law requires you to notify the appropriate government agency within just 120 days of the injury. Failure to provide timely notice can bar the claim entirely.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Statute Reference |
|---|---|---|
| Personal injury | 3 years | MCL 600.5805(2) |
| Wrongful death | 3 years | MCL 600.5805(2) |
| Assault/battery/false imprisonment | 2 years | MCL 600.5805(3) |
| Libel/slander (defamation) | 1 year | MCL 600.5805(7) |
| Medical malpractice | 2 years (6-year repose) | MCL 600.5805(8) |
| Property damage | 3 years | MCL 600.5805(2) |
| Breach of contract (written or oral) | 6 years | MCL 600.5807(8) |
| Fraud | 6 years | MCL 600.5813 |
| Trespass | 3 years | MCL 600.5805(2) |
| Collection of rents | 6 years | MCL 600.5813 |
| Collection of debt on account | 6 years | MCL 600.5813 |
| Judgments (court of record) | 10 years | MCL 600.5809(3) |
| Judgments (court not of record) | 6 years | MCL 600.5809(3) |
Tolling Exceptions in Michigan Civil Cases
Michigan law provides several situations where the statute of limitations clock is paused (tolled), giving plaintiffs additional time to file.
Minors
Under MCL 600.5851(1), if the injured person is under 18 years old when the cause of action accrues, the statute of limitations is paused. The minor has 1 year after turning 18 to file the lawsuit.
Mental Incapacity
If a person is considered legally insane at the time the claim accrues, the statute is also paused under MCL 600.5851. The individual has 1 year after the disability is removed to take legal action.
Absent Defendants
Under MCL 600.5853, if a defendant leaves Michigan for more than 60 days before a lawsuit can be served, the time spent outside the state may not count toward the statute of limitations.
Fraudulent Concealment
Under MCL 600.5855, if a defendant actively conceals the existence of a claim, the plaintiff has 2 years from the date of discovery to file suit, even if the original deadline has passed.
Michigan Criminal Statute of Limitations
Michigan's criminal statute of limitations sets the maximum time period within which the state must bring criminal charges. These deadlines are codified in MCL 767.24, part of Michigan's Code of Criminal Procedure.
The statute of limitations in criminal cases is an affirmative defense. The defendant must raise it, or it may be waived.
No Statute of Limitations
Michigan places no time limit on prosecuting the following offenses:
- Murder
- Criminal sexual conduct in the first degree (MCL 750.520b)
- Any offense where DNA evidence is collected during the investigation (the time limit begins running once the suspect is identified by DNA)
15-Year Statute of Limitations
Criminal sexual conduct in the second or third degree must be charged within 15 years of the offense or by the alleged victim's 42nd birthday, whichever is later. This extended timeline was established through recent legislative amendments to protect victims of sexual violence.
10-Year Statute of Limitations
The following crimes carry a 10-year filing deadline:
- Kidnapping
- Extortion
- Assault with intent to commit murder
- Attempted murder
- Manslaughter
- First-degree home invasion
- Criminal sexual conduct against minors (10 years or until the victim turns 21, whichever is later)
- Forgery or uttering and publishing of an instrument affecting real property (10 years from commission or 10 years from recording, whichever is later)
- False pretenses involving real property
- Mortgage fraud
For crimes with a 10-year limit that are reported to police within 1 year but where the offender is unknown, the 10-year period begins when the offender is identified.
6-Year Statute of Limitations
All other felonies and misdemeanors in Michigan must be charged within 6 years of the offense.
Complete Criminal Statute of Limitations Table
| Crime | Time Limit | Notes |
|---|---|---|
| Murder | No limit | MCL 767.24 |
| Criminal sexual conduct, 1st degree | No limit | MCL 767.24 |
| Criminal sexual conduct, 2nd or 3rd degree | 15 years or victim's 42nd birthday | Whichever is later |
| Kidnapping | 10 years | MCL 767.24 |
| Extortion | 10 years | MCL 767.24 |
| Assault with intent to murder | 10 years | MCL 767.24 |
| Attempted murder | 10 years | MCL 767.24 |
| Manslaughter | 10 years | MCL 767.24 |
| First-degree home invasion | 10 years | MCL 767.24 |
| Sex crimes against minors | 10 years or victim turns 21 | Whichever is later |
| Forgery (real property) | 10 years | From commission or recording |
| Mortgage fraud | 10 years | MCL 767.24 |
| Other felonies | 6 years | MCL 767.24 |
| Misdemeanors | 6 years | MCL 767.24 |
Tolling in Criminal Cases
Under MCL 767.24, any time the accused is not usually and publicly residing in Michigan does not count toward the statute of limitations. This means if a suspect flees the state or goes into hiding, the clock stops until they return.
Recent Legislative Changes
Michigan legislators have actively worked to extend statutes of limitations for sexual violence crimes in recent years. In the 2025-2026 legislative session, Senate Bills 257-261 proposed further expanding the civil statute of limitations for damages related to criminal sexual conduct. The proposed changes would allow victims to bring civil claims until they reach age 42, within 10 years of the crime, or within 7 years of discovering the injury, whichever is later.
Previously, victims could only bring civil actions until age 28 or within 3 years of discovering the abuse. The trend in Michigan, as in many states, is toward giving sexual assault survivors more time to seek justice.
How to Determine When Your Deadline Starts
The statute of limitations clock typically starts on the date the injury or offense occurs. However, Michigan recognizes several exceptions:
Discovery rule. For medical malpractice and certain other claims, the clock starts when the plaintiff discovers (or should have discovered) the injury, not when the act occurred.
Continuing violations. For ongoing trespass or nuisance, a new cause of action arises with each violation, effectively resetting the clock for recent damages.
Accrual date for contracts. The clock for breach of contract claims starts when the breach occurs, not when the contract was signed.
Criminal offenses. The statute of limitations for criminal charges starts on the date the crime was committed, not when it was discovered or reported.
More Michigan Laws
Sources and References
- MCL 600.5805 - Injuries to persons or property; period of limitations(legislature.mi.gov).gov
- MCL 600.5807 - Damages for breach of contract; period of limitations(legislature.mi.gov).gov
- MCL 600.5813 - Catch-all limitation for personal actions(legislature.mi.gov).gov
- MCL 600.5809 - Period of limitations for judgments(legislature.mi.gov).gov
- MCL 600.5851 - Tolling for minors and mental incapacity(legislature.mi.gov).gov
- MCL 600.5853 - Tolling for absent defendants(legislature.mi.gov).gov
- MCL 767.24 - Criminal statute of limitations(legislature.mi.gov).gov
- Senate Bills 257-261: Criminal sexual conduct statute of limitations amendments (2025-2026)(legislature.mi.gov).gov
- Michigan Courts - Criminal Benchbook: Statutes of Limitations(courts.michigan.gov).gov