What is the Statute of Limitations in Michigan?
Full Question:
Answer:
Limitation of actions refers to a law which sets the maximum period which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state and by type of claim. Federal statutes set the limitations for federal lawsuits. If the lawsuit or claim is not filed before the statutory deadline, the right to sue or make a claim is lost forever.
In some instances, a statute of limitations can be extended ("tolled") based on delay in discovery of the injury or fraud. It does not refer to discovery delayed by the acts of the one raising the defense. A minor's right to bring an action for injuries due to negligence is tolled until the minor turns 18 (except for a claim against a governmental agency). There are also statutes of limitations related to criminal charges, but homicide generally has no time limitation on prosecution. The contractual methods for dealing with statutes of limitations restrictions include a new promise to pay or an acknowledgment of a debt from which such promise may be inferred, or contractual limitation periods and waivers of the defense.
Please see the information at the following link for a summary of statutes of limitations applicable to civil actions:
http://www.expertlaw.com/library/limitations_by_state/Michigan.html
Please see the information at the following link for a summary of statutes of limitations applicable to criminal actions:
http://law.findlaw.com/state-laws/criminal-statute-of-limitations/michigan/
Please see the following MI statutes:
767.24 Indictments; finding and filing; limitations.
Sec. 24.
(1) An indictment for murder, conspiracy to commit murder, solicitation
to commit murder, criminal sexual conduct in the first degree, or a
violation of the Michigan anti-terrorism act, chapter LXXXIII-A of the
Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z, or a
violation of chapter XXXIII of the Michigan penal code, 1931 PA 328, MCL
750.200 to 750.212a, that is punishable by life imprisonment may be found
and filed at any time.
(2) An indictment for a violation or attempted violation of section
145c, 520c, 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328,
MCL 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found
and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may
be found and filed within 10 years after the offense is committed or by
the alleged victim's twenty-first birthday, whichever is later.
(b) If evidence of the violation is obtained and that evidence contains
DNA that is determined to be from an unidentified individual, an
indictment against that individual for the violation may be found and
filed at any time after the offense is committed. However, after the
individual is identified, the indictment may be found and filed within 10
years after the individual is identified or by the alleged victim's
twenty-first birthday, whichever is later.
(c) As used in this subsection:
(i) "DNA" means human deoxyribonucleic acid.
(ii) "Identified" means the individual's legal name is known and
he or she has been determined to be the source of the DNA.
(3) An indictment for kidnapping, extortion, assault with intent to
commit murder, attempted murder, manslaughter, or first-degree home
invasion may be found and filed within 10 years after the offense is
committed.
(4) An indictment for identity theft or attempted identity theft
may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may
be found and filed within 6 years after the offense is committed.
(b) If evidence of the violation is obtained and the individual
who committed the offense has not been identified, an indictment
may be found and filed at any time after the offense is committed,
but not more than 6 years after the individual is identified.
(c) As used in this subsection:
(i) "Identified" means the individual's legal name is known.
(ii) "Identity theft" means 1 or more of the following:
(A) Conduct prohibited in section 5 or 7 of the identity theft
protection act, 2004 PA 452, MCL 445.65 and 445.67.
(B) Conduct prohibited under former section 285 of the Michigan
penal code, 1931 PA 328.
(5) All other indictments may be found and filed within 6 years
after the offense is committed.
(6) Any period during which the party charged did not usually and
publicly reside within this state is not part of the time within which the
respective indictments may be found and filed.
(7) The extension or tolling, as applicable, of the limitations
period provided in this section applies to any of those violations
for which the limitations period has not expired at the time the
extension or tolling takes effect.
600.5801 Limitation on actions; time periods; defendant claiming title
under deed, court-ordered sale, tax deed, or will; other cases.
Sec. 5801. No person may bring or maintain any action for the recovery
or possession of any lands or make any entry upon any lands unless, after
the claim or right to make the entry first accrued to himself or to
someone through whom he claims, he commences the action or makes the
entry within the periods of time prescribed by this section. (1) When the
defendant claims title to the land in question by or through some deed
made upon the sale of the premises by an executor, administrator,
guardian, or testamentary trustee; or by a sheriff or other proper
ministerial officer under the order, judgment, process, or decree of a
court or legal tribunal of competent jurisdiction within this state, or
by a sheriff upon a mortgage foreclosure sale the period of limitation is
5 years.
(2) When the defendant claims title under some deed made by an officer
of this state or of the United States who is authorized to make deeds
upon the sale of lands for taxes assessed and levied within this state the
period of limitation is 10 years.
(3) When the defendant claims title through a devise in any will,
the period of limitation is 15 years after the probate of the will
in this state.
(4) In all other cases under this section, the period of limitation is
15 years.
600.5803 Foreclosure of mortgages.
Sec. 5803. No person shall bring or maintain any action or proceeding
to foreclose a mortgage on real estate unless he commences the action or
proceeding within 15 years after the mortgage becomes due or within 15
years after the last payment was made on the mortgage. This section
limits foreclosure by advertisement and any other entries under the
mortgage as well as actions of foreclosure in the courts.
600.5805 Injuries to persons or property.
Sec. 5805.
(1) A person shall not bring or maintain an action to recover damages
for injuries to persons or property unless, after the claim first accrued
to the plaintiff or to someone through whom the plaintiff claims, the
action is commenced within the periods of time prescribed by this
section.
(2) The period of limitations is 2 years for an action charging
assault, battery, or false imprisonment.
(3) The period of limitations is 5 years for an action charging assault
or battery brought by a person who has been assaulted or battered by his
or her spouse or former spouse, an individual with whom he or she has had
a child in common, or a person with whom he or she resides or formerly
resided. This limitation applies to causes of action arising on or after
February 17, 2000 and to causes of action in which the period of
limitations described in subsection (2) has not already expired as of
February 17, 2000.
(4) The period of limitations is 5 years for an action charging assault
and battery brought by a person who has been assaulted or battered by an
individual with whom he or she has or has had a dating relationship. This
limitation applies to causes of action arising on or after January 1,
2003 and to causes of action in which the period of limitations described
in subsection (2) has not already expired as of January 1, 2003.
(5) The period of limitations is 2 years for an action charging
malicious prosecution.
(6) Except as otherwise provided in this chapter, the period of
limitations is 2 years for an action charging malpractice.
(7) The period of limitations is 2 years for an action against a
sheriff charging misconduct or neglect of office by the sheriff or
the sheriff's deputies.
(8) The period of limitations is 2 years after the expiration of the
year for which a constable was elected for actions based on the
constable's negligence or misconduct as constable.
(9) The period of limitations is 1 year for an action charging
libel or slander.
(10) The period of limitations is 3 years after the time of the
death or injury for all other actions to recover damages for the
death of a person, or for injury to a person or property.
(11) The period of limitations is 5 years for an action to recover
damages for injury to a person or property brought by a person who has
been assaulted or battered by his or her spouse or former spouse, an
individual with whom he or she has had a child in common, or a person
with whom he or she resides or formerly resided. This limitation applies
to causes of action arising on or after February 17, 2000 and to causes
of action in which the period of limitations described in subsection (10)
has not already expired as of February 17, 2000.
(12) The period of limitations is 5 years for an action to recover
damages for injury to a person or property brought by a person who has
been assaulted or battered by an individual with whom he or she has or
has had a dating relationship. This limitation applies to causes of
action arising on or after January 1, 2003 and to causes of action in
which the period of limitations described in subsection (2) has not
already expired as of January 1, 2003.
(13) The period of limitations is 3 years for a products liability
action. However, in the case of a product that has been in use for not
less than 10 years, the plaintiff, in proving a prima facie case, shall
be required to do so without benefit of any presumption.
(14) The period of limitations for an action against a state licensed
architect, professional engineer, land surveyor, or contractor based on
an improvement to real property shall be as provided in section 5839.
(15) As used in this section, "dating relationship" means frequent,
intimate associations primarily characterized by the expectation of
affectional involvement. Dating relationship does not include a casual
relationship or an ordinary fraternization between 2 individuals in a
business or social context.
600.5807 Damages for breaches of contract; specific performance;
fiduciary bonds; deeds; mortgages; surety bonds; appeal bonds; public
obligations.
Sec. 5807. No person may bring or maintain any action to recover
damages or sums due for breach of contract, or to enforce the specific
performance of any contract unless, after the claim first accrued to
himself or to someone through whom he claims, he commences the action
within the periods of time prescribed by this section.
(1) The period of limitations on actions charging any surety on any
bond of any executor, administrator, guardian is 4 years after the
discharge of the executor, administrator, or guardian.
(2) The period of limitations is 10 years for actions founded upon
bonds of public officers.
(3) The period of limitations on actions founded upon bonds executed
under sections 41.80 and 41.81 of the Compiled Laws of 1948, is 2 years
after the expiration of the year for which the constable was elected.
(4) The period of limitations is 10 years for actions founded upon
covenants in deeds and mortgages of real estate.
(5) The period of limitations is 2 years for actions charging any
surety for costs.
(6) The period of limitations is 2 years for actions brought on bonds
or recognizances given on appeal from any court in this state.
(7) The period of limitations is 10 years for actions on bonds, notes,
or other like instruments which are the direct or indirect obligation
of, or were issued by although not the obligation of, the state of
Michigan or any county, city, village, township, school district, special
assessment district, or other public or quasi-public corporation in the
state of Michigan.
(8) The period of limitations is 6 years for all other actions to
recover damages or sums due for breach of contract.
600.5809 Action to enforce noncontractual money obligations;
limitations.
Sec. 5809. (1) A person shall not bring or maintain an action to
enforce a noncontractual money obligation unless, after the claim first
accrued to the person or to someone through whom he or she claims, the
person commences the action within the applicable period of time
prescribed by this section.
(2) The period of limitations is 2 years for an action for the recovery
of a penalty or forfeiture based on a penal statute brought in the name
of the people of this state.
(3) Except as provided in subsection (4), the period of limitations is
10 years for an action founded upon a judgment or decree rendered in a
court of record of this state, or in a court of record of the United
States or of another state of the United States, from the time of the
rendition of the judgment or decree. The period of limitations is 6 years
for an action founded upon a judgment or decree rendered in a court not
of record of this state, or of another state, from the time of the
rendition of the judgment or decree. A judgment entered in the district
court of this state before May 25, 1973, is a judgment of a court not of
record. A judgment entered in the district court of this state on or
after May 25, 1973, except a judgment entered in the small claims
division of the district court, is a judgment of a court of record.
Within the applicable period of limitations prescribed by this
subsection, an action may be brought upon the judgment or decree for a
new judgment or decree. The new judgment or decree is subject to this
subsection.
(4) For an action to enforce a support order that is enforceable under
the support and parenting time enforcement act, Act No. 295 of the Public
Acts of 1982 , being sections 552.601 to 552.650 of the Michigan Compiled
Laws, the period of limitations is 10 years from the date that the last
support payment is due under the support order regardless of whether or
not the last payment is made.