What Is the Statute of Limitations in Arizona?

The statute of limitations in Arizona stipulates the legal timeframe for a party to file a civil lawsuit or for the state to commence criminal proceedings. When this period elapses, the case becomes time-barred and can no longer be pursued in court.

Section 12, 501-559 of the Arizona Revised Statutes (A.R.S) features the main time-constraint laws for civil cases in Arizona, while Section 13-107 handles the prescription period for criminal charges. Filing deadlines are baked into the law to preserve evidence, discourage frivolous claims, and ensure timely usage of the court system during the resolution of Arizona felonies, misdemeanors, and infractions.

How Long Is the Statute of Limitations in Arizona?

Serious crimes like homicide and violent sexual assault have no time constraints in Arizona and can be pursued at any time. Other criminal violations like forgery, theft, domestic violence, and burglary must be prosecuted within 7 years. Misdemeanors and petty crimes have 1 and 0.5 years' limitations, respectively.

The picture is more varied for civil cases, ranging from 1 to 6 years. For defamation, it is a year; for personal injury cases, it is 2 years; for fraud, it is 3 years; and for a breach of written contract claim, it is 6 years. The table below displays time restrictions for filing various case types in Arizona.

What Crimes Have No Statute of Limitations in Arizona?

Most cases in Arizona become time-barred after an applicable period, but major exceptions exist. State law regards some crimes as particularly grave; hence, justice must be pursued at any cost, regardless of the time required.

The rationale for allowing serious crimes to be prosecuted at any time in Arizona boils down to the following:

• Someone must be held accountable for a serious crime in the interest of justice and public trust.
• Evidence for serious crimes tends to be available and viable for longer.
• With no time limit, victims and testifiers can come forward at their convenience.

Here are some crimes with no statute of limitations in Arizona, as listed in the state's criminal code:

• Every degree of murder, manslaughter, and negligent homicide
• Class 2 felony sexual offenses, especially violent sexual assault
• Trafficking a minor or sexually exploiting a minor
• Stealing from or defrauding the general public
• Falsifying public records
• Terrorism
• Illegal use of an infectious biological substance or radiological agent

Criminal Statute of Limitations in Arizona

The Arizona Revised Statutes Section 13-107 dictates how long the state has to prosecute various criminal offenses. In general, time starts counting from the date a suspect allegedly commits the crime. However, the clock is paused if the suspect is not present in the state or cannot be identified in a serious crime case.

Regarding felony time limits in Arizona, the state has 7 years to charge a suspect in court. This rule covers criminal violations classed as Class 2 down to Class 6 felonies, such as aggravated assault, drug possession, burglary, forgery, and domestic violence.

The misdemeanor statute of limitations in Arizona is not as generous. Generally, prosecution must occur within a year for assault, disorderly conduct, simple DUI, driving without a license, non-firearm shoplifting, trespassing, and other less serious infractions.

Petty infractions like loitering and disobeying traffic rules are considered minor and have a 6-month time limit.

Crimes considered the most serious by the state have zero time limitations and can be brought to court anytime. They include all Class 1 felonies (murder, manslaughter, and negligent homicide), violent sexual assault, child trafficking, and tampering with public records.

Is There a Statute of Limitations on Attempted Murder?

Attempted murder in Arizona has no statute of limitations. Section 13-107(a) of the A.R.S. describes how long someone can be charged with attempted murder in Arizona. It stipulates that an attempted homicide trial can begin at any time. Even though the crime is a Class 2 felony, the law treats it with the same degree of gravity as a Class 1 murder offense, which also has no statute of limitations.

Statute of Limitations on Sexual Assault in Arizona

Filing sexual abuse claims in Arizona is subject to the 7-year statute of limitations for general felonies. It is the same whether the victim is under 15 (Class 3 felony) or above 15 (Class 5 felony). However, a victim of child sexual abuse can pursue a civil claim anytime until their 30th birthday.

For sexual assault, including those of a violent nature, there is no time limit, regardless of the age of the victim or when the incident happened. The state can pursue justice at any time. This means the rape reporting deadline in Arizona is indefinite, as the offense is considered a serious Class 2 felony.

The 7-year time limit for general felonies may apply in rare cases where the sexual assault is considered not violent and not with a minor. But even then, the clock will be paused if the suspect is absent or unknown.

Civil Statute of Limitations in Arizona

Civil lawsuit deadlines in Arizona vary by type of claim and sometimes by the claimant's age. State law clearly outlines the civil statute of limitations for contract disputes, property damage, defamation, fraud, and other civil wrangles.

Generally, time restrictions for civil cases are stringent, and the case can no longer be heard once the allotted limit has passed, regardless of claim size or evidence weight. Exceptions to this include:

• Minors. Time limit paused until they turn 18.
• Distressed persons. The time limit is paused until the period of unsoundness elapses.
• Absentees. The time limit is paused until they return to Arizona or are discovered elsewhere.
• Claims against the state. Claims must be filed within 6 months.
• The Discovery Rule. For fraud or medical malpractice that is not instantly obvious, the clock only begins when the plaintiff ‘discovers’, or should have reasonably known of, the injury.

Per the Arizona Revised Statutes: Title 12, Chapter 5, individuals must sue for some common claims within these time periods:

Statute of Limitations for Medical Malpractice in Arizona

Arizona's medical malpractice statute of limitations is a standard 2 years after the incident occurred per A.R.S. § 12-542.

However, the courts can apply the discovery rule when the patient discovers the injury later. In that case, the time limit starts counting from the date the patient discovered the error or when they are reasonably expected to have done so.

The absence of a statute of repose in Arizona significantly influences the malpractice claim deadline. Unlike other states that place an absolute outer time limit on medical malpractice lawsuits, Arizona does not. This means a plaintiff can theoretically sue their doctor or health facility at any time, even if 20 years have elapsed since the incident. However, a claim notice must be sent within 6 months if the defendant is a public entity.

Regardless of the situation, an Affidavit of Merit is expected to support the plaintiff's complaint. This form must be filled out by a qualified medical practitioner and must explain how the defendant's actions injured the plaintiff, per A.R.S. § 12-2603.

Statute of Limitations for Debt in Arizona

Arizona's debt statute of limitations regards how long creditors have to sue someone owing them. It varies by the type of debt and the repayment status.

Most debt types, including unpaid credit card debt, auto loans, and personal loans, fall under the general written contracts law and have a 6-year time limit. The timer usually begins when a payment is missed or a default occurs, per A.R.S. § 12-548. The limitation period for unpaid medical bills is also 6 years.

Regardless of a debt's time limitation or repayment status, the record of indebtedness must be expunged from an individual's credit report seven years after the first missed payment. This is based on federal law under the Fair Credit Reporting Act (FCRA).

In 2018, the Arizona Supreme Court stated that only full payments can reset the state's statute of limitations on debt collection. Partial payments do not. This protects state citizens from unknowingly extending their potential liability window when they partially pay off a debt.

Statute of Limitations for Child Abuse and Child Support in Arizona

The state of Arizona regards child abuse as severe enough to grant a general exemption to the standard felony statute of limitations. Whereas general felonies become time-barred after 7 years, the child abuse statute of limitations in Arizona is indefinite.

A criminal case can be brought against a child abuser even after the victim is well into adulthood. For civil cases, the law grants a suing window of 12 years after the victim turns 18.

Arizona has an unlimited time window to collect all the back child support payments. The state can pursue this money even after the child reaches legal adulthood. However, if there is a retroactive order to make child support payments, it cannot extend further than 3 years preceding the order, per A.R.S. § 25-320(C).

All unpaid child support awards accrue interest at 10% per annum. There is no statute of limitations on collecting this interest.