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What Is the Statute of Limitations in Alabama?
In Alabama, both criminal and civil cases are only valid within the statute of limitations set by law. The statute of limitations specifies the time limit an individual can sue to enforce a right or obligation. It aims to ensure that all Alabama felonies, misdemeanors, and infractions are promptly addressed and that the integrity of the evidence, in whatever format it exists, is maintained, which supports a claim.
Generally, cases cannot be filed after the applicable statute of limitations has expired. These laws apply to both civil cases, as reflected in Ala. Code § 6-2-30, and criminal cases, as seen in Ala. Code § 15-3-1. Members of the public need to be aware of the statutes of limitations relevant to their cases.
How Long Is the Statute of Limitations in Alabama?
Typically, where a statute of limitations exists, each case (whether criminal or civil) has a unique timeframe within which it can be filed. While a statute of limitations may apply to most cases, certain cases do not have a limit within which they are valid.
A statute of limitations is determined by the type of case, its nature or category, and its severity. For instance, a complaint for medical malpractice, personal injury, or property damage must be filed within two years from the date of the incident or time of reasonable discovery. In contrast, while most misdemeanors, such as disorderly conduct, trespassing, or traffic violations, have a limitation period of one year, some felonies may have a limit of four years or no time limit for filing a lawsuit in Alabama.
Some of the statutes of limitations in Alabama are listed in the table by case type.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 12 months | Ala. Code (§ 15-3-2). Complaints for misdemeanors involving the illegal use of another's property must be filed within 30 days of the incident. Ala. code (§ 15-3-4) |
| Felony | 5 years | Certain felonies, including sex offenses against minors under 16 (Ala. Code § 15-3-5(4)), murder (Ala. Code § 15-3-5(1)), trafficking, arson, and forgery, do not have a statute of limitations. |
| Civil infractions and Statutes | 2 to 10 years | The statute of limitations that applies to a case depends on the specific circumstances of that case, for instance, according to Ala. Code (§ 6-5-482(a)), the statutes of limitation for medical malpractices are 2 years. However, in cases of late discovery, lawsuits are barred only after the fourth year. In contrast, the statute of limitations for trespassing is 6 years (Ala. Code § 6-2-34(2)) |
What Crimes Have No Statute of Limitations in Alabama
In Alabama, the average case is subject to a statute of limitations. However, due to the distinctive and serious nature of specific offenses, no statute of limitations applies to these crimes, allowing for indefinite prosecution regardless of how much time has elapsed.
Below is a list of some of these offenses:
Felonies
- Felonies resulting in significant bodily harm or death, Ala. Code (§ 15-3-5(3))
- Felonies involving threat of violence, attempted use, or actual use of a weapon, Ala. Code (§ 15-3-5(2))
- Felonies related to arson, Ala. Code (§ 15-3-5(5)), drug trafficking, Ala. Code (§ 15-3-5(8)), forgery, Ala. Code (§ 15-3-5(6)), counterfeiting, Ala. Code (§ 15-3-5(7))
Capital crimes
- Treason
- Kidnapping resulting in death
- Murder (Ala. Code § 15-3-5(1))
Criminal Statute of Limitations in Alabama
Based on the type and severity of an offense, criminal offenses in Alabama are divided into misdemeanors (class A, B, and C, with class C being the least severe and class A the most severe), felonies (class A, B, C, D, with class D being the least severe and class A the most severe), and violations. The severity of each crime and harm it causes usually determines the misdemeanor or criminal statute of limitations in Alabama, or if there is none.
Ideally, cases should be tried promptly to ensure fair and trustworthy judgment; however, that is not always the case. Less severe crimes have a statute of limitations to help with this; once time runs out, the case cannot be prosecuted. Most misdemeanor A, B, and C have a one-year limit. Felony time limit in Alabama varies: class A felonies have no statute of limitations, while most felonies have a 5-year limit. Some have a 3-year limit for offenses without a specified time, and felonies involving public revenue conversion have a 6-year limit.
Even with specified limits, certain situations can extend a criminal or misdemeanor statute of limitations in Alabama. For example, if an indictment was filed, dismissed, dropped, or changed, the time spent on the initial prosecution does not count toward the statute of limitations period (Ala. Code § 15-3-6). Other situations for extension include:
- When the victim is a minor or is mentally incapacitated
- When the injured party did not know about the harm (delayed discovery)
- When the defendant leaves Alabama
A more detailed list of offenses and their statute of limitations is provided below.
| Offense | Statute of limitations |
|---|---|
| Misdemeanor A Fourth-degree theft Third-degree domestic violence Third-degree trespassing Sexual misconduct Misdemeanor B Cruelty to animals Arrest resistance Second-degree stalking Intimation of witness Misdemeanor C Harassment Breach of peace Open container violation Infringing fenced property | 1 year |
| Felonies A Arson First-degree rape Murder Drug trafficking Felonies B Some trafficking and sexual offenses manslaughter Felonies C First-degree stalking Third-degree robbery Felonies D Possession of a controlled substance for personal consumption Property theft worth $500 to $1500 Other felonies Conversion of public funds | No statute of limitations 5 years 3 year 6 years |
Is There a Statute of Limitations on Attempted Murder?
No. Per Ala. Code § 15-3-5(a)(2), there is no statute of limitations for attempted murder in Alabama. By law, once a weapon is used or a threat of violence, which includes attempted murder, just as actual murder has none. How long a person can be charged with attempted murder in Alabama is the same as murder, which is unlimited. However, while attempted murder is a serious crime, it is not equivalent to murder, and the consequences of the case may not be as severe as actual murder.
Statute of Limitations on Sexual Assault in Alabama
Sexual assault statute of limitations in Alabama depends on the specific crime, its severity, the victim’s age at the time of the incident, and where it took place (as incidents occurring outside the state cannot be prosecuted in the state). Generally, sexual assault can be categorized as either a civil or a criminal case. The statute of limitations for a civil sexual assault is 2 years. Although this can be extended by two years after the victim's 19th birthday if the victim is a minor. Typically, civil sexual assault overlaps with a criminal sexual assault, and a civil suit is intended for filing sexual abuse claims in Alabama for the harm incurred.
Conversely, several sex felonies have a 21-year statute of limitations, which can be extended. Filing sexual abuse claims in Alabama within these time frames makes it a viable court case. Additionally, sexual assaults classified as class A felonies, such as first-degree rape, especially involving minors under 16, do not have a statute of limitations (Ala. Code (§ 15-3-5(4)). This indicates that there is no rape reporting deadline in Alabama.
Civil Statute of Limitations in Alabama
The state's statute of limitations governs civil lawsuit deadlines in Alabama. These limits specify how long you have to sue in Alabama. If a case is not filed within this timeframe, the court is not obligated to hear it, regardless of the evidence or merits of the case. To seek justice for a grievance, a plaintiff must exercise due diligence to ensure their claim is filed within the civil statute of limitations timeframe. This includes cases involving breach of contract, personal injury, or property damage. Exceptions to the statute of limitations are rare in civil cases; once the time has expired, there is little the court can do for the victim.
Different cases have varying statutes of limitations.
| Offense | Statute of limitations |
|---|---|
| Contract Written Oral Others | 10 years (Ala. Code § 6-2-33(1)) Six years (Ala. Code § 6-2-34(4)) Six years (Ala. Code § 6-2-34(9)) |
| Collection of debt Stated Open | Six years (Ala. Code § 6-2-34(5)) Three years (Ala. Code § 6-2-37(1)) |
| Fraud | Two years from the date of discovery (Ala. Code § 6-2-3) |
| Medical malpractice | Two years (Ala. Code § 6-5-482(a)), or six months after discovery, where two years elapsed before discovery |
| Slander | Two years (Ala. Code § 6-2-38(k)) |
| Recovery of wages | Two years (Ala. Code § 6-2-38(m)) |
| Wrongful death | Two years (Ala. Code § 6-2-38(a)) |
| Recovery of land or tenancy | 10 years (Ala. Code § 6-2-33(2)) |
| Assault and battery | Six years (Ala. Code § 6-2-34(1)) |
| Trespass | Six years (Ala. Code § 6-2-34(2)) |
| Personal injury | Two years (Ala. Code § 6-2-38(l)) |
| Judgement | Twenty years (Ala. Code § 6-2-32) |
Statute of Limitations for Medical Malpractice in Alabama
Medical malpractice occurs when a healthcare provider fails to deliver standard care, resulting in harm or injury to a patient. The medical malpractice statute of limitations in Alabama is two years; however, if the issue is not discovered within this period, the limit extends six months from the date of discovery (Ala. Code § 6-5-482). Notably, claims cannot be prosecuted four years after the incident, meaning the malpractice claim deadline in Alabama is four years, including cases of late discovery.
For those who wonder how long it takes to sue a doctor in Alabama, filing all complaints within the statute of limitations is essential to ensure a valid claim.
| Type of medical malpractice | Definitions |
|---|---|
| Diagnosis Misdiagnosis Late diagnosis | An incorrect or untimely diagnosis despite test, scan results, and symptoms |
| Errors Anesthesia error Surgical error Medication errors | Inadequate administration of anesthesia to a patient before any procedure Any act of negligence by the surgical team during or following a surgery that causes injury or harm to the patient An error that arises from the administration of medication to a patient |
| Birth injuries | Injuries that occur due to negligence by a health care provider during birth |
| Wrongful death | Any form of negligence that may have contributed to the preventable death of a patient |
| Failure to get informed consent | Failing to obtain a signed consent form from the patient or a close relative before performing a procedure, particularly one that involves certain risks |
Statute of Limitations for Debt in Alabama
The debt statute of limitations in Alabama varies depending on the type of debt. On average, it is three years for unliquidated debts Ala. Code § 6-2-37(1) and six years for liquidated debts Ala. Code § 6-2-34(5). For instance, the limit for a credit card debt is three years; this time is the only time within which a creditor can sue a debtor over unpaid debts in Alabama.
Although a statute of limitations exists, its expiration does not eliminate the debt. While a poor credit score due to outstanding debt can negatively impact one’s financial record, the Fair Credit Reporting Act states that this information will be removed from the public record after seven years.
The statute of limitations for debts in Alabama typically starts from the date an individual acknowledges a debt or from the last missed payment. This applies to all forms of debt, including how long debt can be collected in Alabama, such as unpaid credit card debt, loans, and medical debts.
| Example of debt | Statute of limitations |
|---|---|
| Medical debt | Six years |
| Contract Sale of goods contract Contract under seal | Six years (Ala. Code § 6-2-34) Four years (Ala. Code § 7-2-725) 10 years (Ala. Code § 6-2-33) |
| Credit card | Three years |
| Tax debt | 10 years |
| Mortgage | Six years |
Statute of Limitations for Child Abuse and Child Support in Alabama
In Alabama, the child abuse statute of limitations varies based on the specific offense. Generally, all forms of child abuse, including physical or psychological harm, sexual exploitation, neglect, and endangerment, are classified as serious crimes. Depending on their severity, these offenses may fall under class B or C felonies. However, if a child dies due to abuse, the crime is elevated to a class A felony. Sexual abuse classified as class B or C felonies is subject to a 21-year statute of limitations. At the same time, there is no limitation for class A felonies, such as rape or aggravated assault.
Regarding civil child abuse cases, the statute of limitations is typically two years, but can extend by an additional two years from the victim’s 19th birthday if the victim is a minor.
In contrast, child support enforcement in Alabama is governed by a 20-year statute of limitations for collecting past due payments. This allows custodial parents to sue for back child support within this timeframe. Once this period expires, legal action to recover unpaid support is no longer feasible.