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What Is the Statute of Limitations in Nevada?
In Nevada, the statute of limitations is the timeframe within which plaintiffs can file civil claims or criminal charges for specific offenses. After the statute of limitations expires, the plaintiff loses the right to file legal actions.
The Nevada Revised Statutes imposes different statutes of limitations based on the crime type, discovery date, and the victim’s age at the time of the incident. For example, you can legally file legal actions for fraud offenses within four years after the incident. However, there are no time limits for filing criminal terrorism charges against offenders.
How Long Is the Statute of Limitations in Nevada?
There is no fixed time limit for filing a lawsuit in Nevada. The state sets different time limits based on the type and severity of the offense. Criminal and civil cases generally have different statutes of limitations. For instance, the time limit usually runs from a few months to 3 years to file civil claims. However, criminal statutes of limitations generally have longer time limits. For instance, you can file a sexual assault charge within 20 years after the incident.
Nevada may extend or suspend the statute of limitations based on these factors:
- The plaintiff or victim is a minor.
- The defendant is out of state or being evasive.
- The court deems the plaintiff legally incapacitated.
- The time when the defendant discovered the incident.
Case Type | Statute of Limitations | Note |
---|---|---|
Misdemeanors | 1 to 2 years | There are no known exceptions as of August 2025. |
Felony | 3 to 20 years | There is no statute of limitations for crimes like murder and terrorism. |
Infractions | 1 year | |
Civil Statutes | 3 months to 6 years |
What Crimes Have No Statute of Limitations in Nevada
Nevada does not impose a time limit for filing charges against crimes like murder and terrorism. Crimes with no statute of limitations are considered so serious that the state will prosecute the offender at any time after the incident. The state also imposes no time limit on such crimes to give victims enough time and courage to file criminal charges.
In Nevada, crimes with no statute of limitations include the following:
- Murder
- Terrorism.
- Sexual assault if the victim filed a written report with law enforcement within the statute of limitations.
Criminal Statute of Limitations in Nevada
Nevada’s laws set specific timeframes in which you can legally file criminal charges. You, however, lose your right to file charges once the timeframe ends.
The crime severity, type, and discovery date often determine the timeframe. Based on crime severity and type, misdemeanors generally have a short statute of limitations between 1 and 2 years. In contrast, felony time limits in Nevada may run between 3 and 20 years. Case in point: you can file criminal charges for fraud within four years of the incident, while sexual assault has a longer 20-year statute of limitations.
Nevada has exceptions to most criminal statutes of limitations. The state imposes a discovery rule that lets plaintiffs file criminal charges even after the statute of limitations has expired. The state may also suspend the time limits when the suspect leaves the state or evades arresting agencies.
Type of problem or case | Time limit |
---|---|
Theft-related offenses like larceny, robbery, and burglary | Four years from the incident or discovery date. |
Arson | Four years from the incident or discovery date. |
Sex trafficking | Four years from the incident or discovery date. |
Fraud | Four years from the incident or discovery date. |
Assault with a deadly weapon | Three years from the incident date. |
Sexual abuse of a minor | Until the minor turns 36. Minors who discovered they were victims of sexual abuse have until they are 43 years old to file charges. |
Murder | No time limit. |
Terrorism | No time limit. |
Is There a Statute of Limitations on Attempted Murder?
Yes, the statute of limitations for attempted murder in Nevada is three years after the incident. The state will, however, extend the duration by up to five years if the victim filed a written report with arresting agencies during the limitation period. That said, unlike attempted murder, murder offenses have no statute of limitations. This means the state can prosecute the offender even if the crime occurred decades ago.
Statute of Limitations on Sexual Assault in Nevada
In Nevada, the statute of limitations for sexual assault is 20 years after the incident occurred. However, this does not apply to sexual assaults in which the victim was a minor. Crime victims, who were minors at the time of the offense, can file a charge before they reach 36 years old.
The discovery rule also extends the time limit. Persons have until they are 43 years old to file charges if they discovered they were victims of sexual assault by the time they reached 36.
Civil Statute of Limitations in Nevada
In Nevada, you can legally file civil claims while the statute of limitations is still in place. However, you lose the legal right to file claims when the statute of limitations for the civil offense expires. Defendants may petition the court to dismiss the civil claim on the basis that the statute of limitations has elapsed.
Nevertheless, there are exceptions that either suspend or extend civil statutes of limitations in Nevada. The state suspends the time limit when the defendant is out of state or being evasive. There are also instances when the court reopens a case in light of new evidence. Civil lawsuit deadlines in Nevada will extend when the plaintiff is a minor or deemed legally incapacitated.
Case | Time Since | The Law |
---|---|---|
Personal injury | Two years since the incident or discovery date. | NRS §11.190(4)(e) |
Fraud | Three years since the incident or discovery date. | NRS §11.190(3)(d) |
Personal property damage | Three years since the incident or discovery date. | NRS §11.190(3)(c) |
Libel, defamation, or slander | Two years since the incident or discovery date. | NRS §11.190(4)(c) |
Trespass | Three years since the incident or discovery date. | NRS §11.190(3)(b) |
Written contracts | Six years since the incident or discovery date. | NRS §11.190(1)(b) |
Oral contracts | Four years since the incident or discovery date. | NRS §11.190-(2)(c) |
Judgments | Six years since the incident or discovery date. | NRS §11.190(1)(a) |
Statute of Limitations for Medical Malpractice in Nevada
In Nevada, the medical malpractice statute of limitations is the time limit for filing claims for such incidents. Plaintiffs or victims lose the legal right to file claims after the time limit expires.
The deadline for filing claims for medical malpractice is three years if the incident occurred on or after October 1, 2002. Note that the discovery rule also applies to medical malpractice. Plaintiffs can file a claim within two years of discovering the incident.
Type of Medical Malpractice | Statute of Limitations |
---|---|
Surgical errors | Three years from the incident date and two years after the discovery date. |
Misdiagnosis | Three years from the incident date and two years after the discovery date. |
Birth injuries | Three years from the incident date and two years after the discovery date. |
Anaesthesia errors | Three years from the incident date and two years after the discovery date. |
Hospital-acquired infection | Three years from the incident date and two years after the discovery date. |
Informed consent issues | Three years from the incident date and two years after the discovery date. |
Statute of Limitations for Debt in Nevada
The Nevada Revised Statutes determine the statute of limitations for debt collection claims. Per the statute, debts from informal agreements have a four-year statute of limitations. However, you can file a debt collection claim within 6 years if there was a written agreement.
Creditors lose the legal right to reclaim debts after the time limit. Nevertheless, the debt remains on the debtor’s credit report and may affect their credit ratings.
Type of Debt | Statute of Limitations |
---|---|
Personal debt | Six years for written agreements. Four years for oral agreement. |
Credit card debt | Six years after the last acknowledgement or partial payment. |
Auto loan | Six years after the previous acknowledgement or partial payment. |
Promissory notes | Six years after the previous acknowledgement or partial payment. |
Statute of Limitations for Child Abuse and Child Support in Nevada
In Nevada, the statute of limitations for child sexual abuse is 20 years after the victim’s 18th birthday. The state statutes do not provide information on the statute of limitations for child abuse-related offenses like child neglect.
The statute of limitations is quite different for child support payments. Court-ordered child support payments have no statute of limitations. Thus, you can collect the fees at any time. Without a court order, custodial parents can claim child support payments up to four years prior to filing a claim.m
