New Mexico Statute of Limitations: Filing Deadlines by Case Type

New Mexico law sets strict deadlines for filing both civil lawsuits and criminal charges. If you miss a filing deadline, you may lose your right to pursue your case permanently. These deadlines are called statutes of limitations, and they vary depending on the type of case.

This guide covers every major civil and criminal statute of limitations in New Mexico, including the specific statutes that apply, recent legislative changes, and special rules for government claims, minors, and tolling.

New Mexico Civil Statute of Limitations

Civil statutes of limitations in New Mexico are found primarily in Chapter 37, Article 1 of the New Mexico Statutes Annotated (NMSA). These deadlines govern how long you have to file a lawsuit after a legal dispute arises.

If you fail to file your claim before the deadline, the defendant can raise the statute of limitations as a defense. A court will then dismiss your case, and you will lose any right to recover damages.

Personal Injury (3 Years)

Under NMSA 37-1-8, actions for injury to the person or reputation must be brought within three years. This covers most accident and negligence claims, including car accidents, slip-and-fall injuries, assault, and battery.

The clock typically starts on the date of the injury. However, under the discovery rule, the deadline may begin when the injured person knew or should have known about the injury and its cause.

Wrongful Death (3 Years)

Under NMSA 41-2-2, a wrongful death action must be filed within three years after the cause of action accrues. The cause of action accrues on the date of death, not the date of the act that caused it.

This is a firm deadline. Courts have held that once the three-year period expires, the right to maintain the lawsuit is terminated and cannot be extended by estoppel.

Defamation: Libel and Slander (3 Years)

Claims for defamation of character, whether libel (written) or slander (spoken), fall under the same three-year deadline in NMSA 37-1-8, which covers injuries to reputation.

Property Damage (4 Years)

Under NMSA 37-1-4, actions for injury to property or conversion of personal property must be filed within four years. This includes damage to vehicles, real estate, and other tangible property.

Fraud (4 Years)

Fraud claims also fall under the four-year deadline in NMSA 37-1-4. The clock starts when the fraud is discovered or reasonably should have been discovered, not necessarily when the fraudulent act occurred.

Trespass (4 Years)

Actions for trespass to land are governed by the four-year limitation in NMSA 37-1-4.

Contracts

New Mexico distinguishes between written and oral contracts:

• Written contracts: 6 years under NMSA 37-1-3
• Oral contracts: 4 years under NMSA 37-1-4
• Sale of goods (UCC): 4 years under NMSA 55-2-725, starting when the breach occurs

For written contracts, the six-year period begins on the date of the breach. Parties to a sale of goods contract may agree to reduce the limitation period to as short as one year but may not extend it beyond four years.

Debt Collection (4 Years)

Actions on accounts and unwritten contracts, including debt collection, must be filed within four years under NMSA 37-1-4. For debts based on a written instrument, the six-year deadline in NMSA 37-1-3 applies.

Medical Malpractice (3 Years)

Under NMSA 41-5-13, no malpractice claim may be brought against a health care provider unless filed within three years after the date the act of malpractice occurred.

This is a statute of repose, not a standard statute of limitations. The three-year period runs from the date the malpractice happened, regardless of when the patient discovered the injury. For minors and incapacitated persons, the deadline is extended to one year after reaching the age of majority or the end of the incapacity.

Legal Malpractice (4 Years)

Claims for legal malpractice fall under the four-year general limitation in NMSA 37-1-4, with the discovery rule potentially applying to determine when the clock starts.

Product Liability (3 Years)

Product liability claims for injuries caused by defective products are treated as personal injury actions under NMSA 37-1-8, carrying a three-year deadline. When an injury does not immediately manifest, the statute begins when the plaintiff knew or should have known about the injury through reasonable inquiry.

Judgments (14 Years)

Court judgments in New Mexico are enforceable for 14 years from the date of judgment. After that period, the judgment becomes unenforceable unless renewed.

Adverse Possession and Real Property (10 Years)

Under NMSA 37-1-22, a person claiming title by adverse possession must show 10 years of continuous, good-faith possession under color of title. The claimant must also prove they paid all state, county, and municipal taxes assessed against the property during the entire period. The burden of proof is clear and convincing evidence.

Workers' Compensation (1 Year)

Under NMSA 52-1-31, a workers' compensation claim must be filed within one year after an employer or insurer refuses to pay compensation. For death claims, the deadline is one year from the date of death. Missing this deadline bars all rights to compensation.

Child Sexual Abuse (Civil)

Under NMSA 37-1-30, a civil action for damages caused by childhood sexual abuse must be filed by the earlier of: (1) the victim's 24th birthday, or (2) three years from the date the victim first disclosed the abuse to a licensed medical or mental health provider. This applies to acts that would constitute criminal sexual penetration or contact of a minor, or sexual exploitation of children.

Summary of Civil Deadlines

Case Type	Time Limit	Statute
Personal Injury	3 years	NMSA 37-1-8
Wrongful Death	3 years	NMSA 41-2-2
Libel/Slander	3 years	NMSA 37-1-8
Medical Malpractice	3 years	NMSA 41-5-13
Product Liability	3 years	NMSA 37-1-8
Property Damage	4 years	NMSA 37-1-4
Fraud	4 years	NMSA 37-1-4
Trespass	4 years	NMSA 37-1-4
Legal Malpractice	4 years	NMSA 37-1-4
Oral Contracts	4 years	NMSA 37-1-4
Debt Collection	4 years	NMSA 37-1-4
Sale of Goods (UCC)	4 years	NMSA 55-2-725
Written Contracts	6 years	NMSA 37-1-3
Adverse Possession	10 years	NMSA 37-1-22
Judgments	14 years	NMSA 37-1-2
Child Sexual Abuse	Until age 24 or 3 years from disclosure	NMSA 37-1-30
Workers' Compensation	1 year	NMSA 52-1-31
Government Claims	2 years (90-day notice required)	NMSA 41-4-15

Claims Against Government Entities

New Mexico has special rules for lawsuits against state and local government bodies under the Tort Claims Act (NMSA 41-4-15 and 41-4-16).

You must file written notice of your claim within 90 days of the incident. The notice must describe the time, place, and circumstances of the injury. For wrongful death claims against government entities, the notice deadline extends to six months.

After providing notice, you have two years from the date of injury or death to file a civil lawsuit. Failure to meet the 90-day notice requirement permanently bars the claim.

Notice must be directed to the correct official: the risk management division for state claims, the mayor for municipal claims, the county clerk for county claims, or the superintendent for school district claims.

New Mexico Criminal Statute of Limitations

New Mexico's criminal statute of limitations is governed by NMSA 30-1-8. These deadlines set the maximum time prosecutors have to file charges after a crime is committed.

If charges are not filed within the allowed time, the accused can move to have the case dismissed.

No Time Limit (Capital Felonies, 1st Degree Violent Felonies, 2nd Degree Murder)

The most serious crimes in New Mexico carry no statute of limitations. Prosecutors may file charges at any time for:

• Capital felonies, including premeditated murder, felony murder, and depraved mind murder
• First-degree violent felonies, including aggravated criminal sexual penetration, kidnapping, and human or sex trafficking of a child under 13
• Second-degree murder under NMSA 30-2-1(B)

The elimination of the statute of limitations for second-degree murder took effect on May 18, 2022.

Second-Degree Felonies (6 Years)

Charges for second-degree felonies must be filed within six years. Examples include armed robbery, shooting at or from a motor vehicle causing great bodily harm, sexual exploitation of a minor, and drug trafficking.

Third- and Fourth-Degree Felonies (5 Years)

Charges for third- and fourth-degree felonies must be filed within five years. Third-degree felonies include robbery, voluntary manslaughter, and aggravated battery involving great bodily harm. Fourth-degree felonies include involuntary manslaughter, aggravated assault, aggravated stalking, and burglary of a dwelling.

Other Felonies (3 Years)

Felonies not specifically classified elsewhere carry a three-year deadline.

Identity Theft (5 Years from Discovery)

Identity theft crimes under NMSA 30-16-24.1 have a five-year deadline that runs from the date the crime was discovered, not committed.

Tax Crimes (5 Years)

Felonies under NMSA 7-1-71.3, 7-1-72, or 7-1-73 (tax-related offenses) must be prosecuted within five years. For a series of crimes involving multiple filing periods within one calendar year, the deadline runs from December 31 of that year.

Misdemeanors (2 Years)

Misdemeanor charges must be filed within two years of the offense.

Petty Misdemeanors (1 Year)

Petty misdemeanor charges must be filed within one year.

Crimes Against Children

For child abuse, criminal sexual penetration of a minor, and criminal sexual contact of a minor, the statute of limitations under NMSA 30-1-9.1 is tolled until the victim turns 18 or the offense is reported to law enforcement, whichever occurs first.

Summary of Criminal Deadlines

Crime Category	Time Limit	Statute
Capital felonies	No limit	NMSA 30-1-8(I)
1st degree violent felonies	No limit	NMSA 30-1-8(I)
2nd degree murder	No limit	NMSA 30-1-8(I)
2nd degree felonies	6 years	NMSA 30-1-8(A)
3rd degree felonies	5 years	NMSA 30-1-8(B)
4th degree felonies	5 years	NMSA 30-1-8(B)
Identity theft	5 years from discovery	NMSA 30-1-8(G)
Tax felonies	5 years	NMSA 30-1-8(F)
Other felonies	3 years	NMSA 30-1-8(H)
Misdemeanors	2 years	NMSA 30-1-8(C)
Petty misdemeanors	1 year	NMSA 30-1-8(D)
Crimes against children	Tolled until age 18 or report	NMSA 30-1-9.1

Tolling and Exceptions

Several circumstances can pause or "toll" the statute of limitations in New Mexico.

Fleeing justice or absence from the state. Under NMSA 30-1-9, the criminal statute of limitations does not run while the alleged offender is fleeing justice or is not a usual resident of New Mexico.

DNA evidence in sexual assault cases. When DNA evidence is collected from a criminal sexual penetration case but no suspect has been identified, the statute of limitations is tolled until the DNA profile is matched with a suspect.

Procedural defects. Certain enumerated procedural defects in the original filing can toll the criminal statute of limitations.

Discovery rule (civil cases). For civil claims involving fraud or latent injuries, the statute of limitations may not begin until the plaintiff discovers or should have discovered the harm.

Minors and incapacitated persons (medical malpractice). Under NMSA 41-5-13, the three-year medical malpractice deadline is extended by one year after the person reaches majority or the incapacity ends.

2022 and 2026 Legislative Changes

New Mexico has made significant changes to its statutes of limitations in recent years.

2022: Second-degree murder (effective May 18, 2022). The legislature eliminated the statute of limitations for second-degree murder under NMSA 30-2-1(B). Previously, second-degree murder was subject to the same six-year deadline as other second-degree felonies.

2026: Sex crimes against children (Senate Bill 41). In February 2026, Governor Lujan Grisham signed Senate Bill 41, which eliminates the criminal statute of limitations for sexual contact of a minor. Previously, this second-degree felony was subject to a six-year deadline. Victims can now come forward at any time to pursue criminal charges.

New Mexico Recording Laws

More New Mexico Laws

• New Mexico Hit and Run Laws
• New Mexico Child Support Laws
• New Mexico Recording Laws
• New Mexico Dog Bite Laws
• New Mexico Sexting Laws
• New Mexico Whistleblower Laws
• New Mexico Car Seat Laws
• New Mexico Lemon Laws