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What Is the Statute of Limitations in Arkansas?
The statute of limitations in Arkansas sets a deadline for initiating legal proceedings against an individual in civil and criminal cases. These laws ensure the timely resolution of Arkansas felonies, misdemeanors, and infractions by ensuring cases are pursued while the evidence is still relatively fresh and witnesses are available. Furthermore, they protect individuals from the indefinite threat of litigation for past actions, providing a sense of security.
How Long Is the Statute of Limitations in Arkansas?
The time limits for filing a lawsuit in Arkansas vary depending on the case type. For civil cases, such as personal injury claims, the state generally imposes a statute of limitations of three years (Ark. Code § 16-56-105). This means an injured party has three years from the date of the injury or accident to file a lawsuit.
The statute of limitations for criminal cases can last up to a decade. Most misdemeanors must be prosecuted within a year, but in some cases (e.g., a simple assault charge) allowance is made for up to three years. Felonies have a longer limitation period, typically six years but extending up to 10 years (Ark. Code § 5-1-109).
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemenaors | 1 year | May extend up to three years, particularly for municipal ordinance violations if the municipality sets a longer period. |
| Civil lawsuits (personal injury, contract disputes, and property damage claims, e.t.c.) | 3 years | The specific timeline may differ per case. For example, medical malpractice cases are expected to be filed within two years of the incident (Ark. Code § 16-114-203). |
| Class B, C, D, and unclassified felonies | 3 years | There are some exceptions with extensions up to 10 years for fraud or violence-related crimes. |
| Class Y or Class A Felonies | 6 years | Some serious felonies, such as murder or rape of a minor, have no statute of limitations. |
What Crimes Have No Statute of Limitations in Arkansas
Certain crimes are so severe that they are classified as having no statute of limitations in Arkansas, meaning they can be prosecuted at any time, regardless of the time lapse. The state considers these offenses exceptionally serious and believes that justice for these crimes should not be time-limited.
State law (Ark. Code. § 5-1-109) specifically removes the statute of limitations for:
- Capital murder
- First-degree and second-degree murder
- Sexual assault in the first degree or second degree if the victim was a minor
- Incest involving minors
- Child exploitation offenses, including human trafficking
- Fertility treatment fraud
Criminal Statute of Limitations in Arkansas
The criminal statute of limitations in Arkansas sets specific time limits within which the state must file charges for criminal offenses. The severity of the crime primarily categorizes these limits. Understanding these limits is essential for defendants and prosecutors, ensuring cases are handled within the allowable period.
Felonies in the state are generally classified into Classes B, C, D, A, and Y, with Class A and Y being the most serious crimes. The felony time limits in Arkansas for Class B, C, D, and unclassified felonies are three to six years for Class A and Y felonies. However, extensions are possible in cases related to financial crimes, like fraud, or cases where the crime was concealed (particularly by public servants), so it was not discoverable in time. Nevertheless, an extension cannot exceed 10 years from the date of occurrence. The most serious felony crimes (e.g., rape, murder) do not have a statute of limitations.
Misdemeanors have shorter limitation periods. The misdemeanor statute of limitations in Arkansas for most crimes is one year. Municipal ordinance violations can also be extended up to three years by municipal ordinance. There may also be room for prosecution beyond the standard limitation period of certain misdemeanors involving minors where the violation was concealed.
The table below summarizes crimes and their statute of limitations to help individuals understand the peculiarities of crimes in the state.
| Claim Type | Statute of Limitations |
|---|---|
| Capital, First/Second Degree Murder | No time limit |
| Rape and sexual assault of a minor | No time limit |
| Motor Vehicle Insurance Fraud | 3 years (or 5 years for purposeful motor vehicle accident fraud) with a maximum of 10 years extension |
| Arson causing death | 10 years from the incident |
| Fraud or Breach of Fiduciary Duty | 1 year after discovery, with possible extension if not reasonably discoverable at first |
| Felonious misconduct by a public servant | 5 years (extendable up to 10 years) |
| Kidnapping, aggravated robbery, and arson not involving death | 6 years from the incident |
| Burglary, theft of property | 3 years |
| Simple assault, petty theft | 1 year |
Is There a Statute of Limitations on Attempted Murder?
Yes. Unlike murder itself, attempted murder has a statute of limitations. The statute of limitations for attempted murder in Arkansas is tied to the classification of the charge as a felony. Under Ark. Code § 5-3-203, attempted murder is classified as a Class Y felony if the attempted offense is capital murder. It is classified as a Class A felony if the attempted offense is a first or second-degree murder. Since attempted murder is a Class A and Class Y felony, individuals can only be prosecuted within six years of the incident.
Statute of Limitations on Sexual Assault in Arkansas
Sexual assault is considered a sensitive crime and is typically given priority attention. The sexual assault statute of limitations in Arkansas varies depending on the offense and whether the victim was an adult or minor at the time of commission.
Some sex crimes are considered so serious that they do not have a statute of limitations and can be prosecuted at any time, even decades after the incident. These include:
- Rape
- First-degree sexual assault
- Second-degree sexual assault if the victim was below 18 at the time of the occurrence
- Consenting to the sexual exploitation of a minor
While there is no rape reporting deadline, other types of sexual assault in the state generally follow the rules for felonies. Six years for Class A and Y felonies, and three years for Class B, C, and D felonies. Sexual assault in the third and fourth degree can also be prosecuted at any time up to the victim’s 28th birthday if:
- The victim was a minor at the time of the assault and,
- The assault has not been previously reported to law enforcement or a prosecuting attorney
Aside from criminal charges, victims can file civil lawsuits against perpetrators. Victims who were sexually abused as minors currently have no statute of limitations for filing civil lawsuits if the abuse occurred on or after January 1, 2022. Previously, victims could file claims up to age 55 or within three years of discovery, whichever was later. This change initially came from the Justice for Vulnerable Victims of Sexual Abuse Act (Arkansas Act 1036 of 2021, Senate Bill 676) but was modified, removing all deadlines. A temporary lookback window from February 1, 2024, to January 31, 2026, allows individuals to file fresh claims regardless of previous limitations.
Civil Statute of Limitations in Arkansas
Civil lawsuits are legal actions taken by one party against another to resolve disputes involving non-criminal matters. Arkansas's civil statute of limitations sets the deadline for filing various civil cases. A person can lose the ability to pursue compensation or specific remedies if they do not file within the deadline. However, exceptions may be made if the case involves fraud, concealment, or an out-of-state defendant.
The table below highlights civil lawsuit deadlines of some cases in Arkansas.
| Claim Type | Statute of Limitations | Statutory reference |
|---|---|---|
| Personal Injury and Property Damage | 3 years from the incident | Ark. Code § 16-56-105 |
| Breach of Contract | 3 years from the breach date | Ark. Code § 16-56-105 |
| Defamation | 1 year from the defamatory act | Ark. Code § 16-56-104 |
| Wrongful death | 3 years from the date of death | Ark. Code § 16-62-102 |
| Breach of Contract | 3 years from the breach date | Ark. Code § 16-56-105 |
| Fraud | 3 years from the discovery or when it should reasonably have been discovered | Ark. Code § 16-56-105 |
| Medical Malpractice | 2 years from the act of malpractice (with limited discovery rule exceptions) | Ark. Code § 16-114-203 |
| False imprisonment | 1 year from the date of release | Ark. Code § 16-114-104 |
Statute of Limitations for Medical Malpractice in Arkansas
Medical malpractice occurs when a healthcare provider’s (such as a doctor or nurse) negligence causes harm to a patient. The medical malpractice statute of limitations in Arkansas is two years. This means individuals who believe they are victims have two years from the date of the wrongful act to sue a doctor in Arkansas for malpractice.
A medical malpractice claim deadline in Arkansas is calculated from the date the incident happened and not when the discovery was made. However, there are exceptions where the date of discovery may affect the deadline for filing a lawsuit. These include:
- If a foreign object was left inside the patient’s body without their knowledge. In this case, the statute of limitations begins from the day of discovery.
- If the victim was a minor, 9 years old or younger. In this case, the minor has until their 11th birthday or two years from the incident to file a lawsuit.
The table below provides common medical malpractices and their statute of limitations.
| Type of Medical Malpractice | Description |
|---|---|
| Misdiagnosis | Failing to diagnose or delaying diagnosis, causing harm |
| Surgical Errors | Wrong-site surgery, leaving surgical instruments inside |
| Infection Due to Negligence | Hospital-acquired infections caused by poor hygiene or the use of equipment |
| Failure to Obtain Informed Consent | Performing procedures without the patient’s full knowledge or agreement |
| Birth injuries | Injuries to the infant or mother due to negligent care |
Statute of Limitations for Debt in Arkansas
The debt statute of limitations in Arkansas is the period of time during which a creditor can file a lawsuit to enforce a debt legally. A creditor can no longer sue a debtor for default if this period elapses. The statute of limitations for debts varies depending on the debt type and contractual agreement. For example, Arkansas's unpaid credit card debt has a five-year statute of limitations. However, partial payment or a written acknowledgement of the debt may reset the statute of limitations, giving creditors a fresh time to sue.
It is important to note that the statute of limitations is distinct from the duration that a debt may impact a debtor’s credit reports. The Arkansas debt statute of limitations may last up to five years, but most debts can affect a credit report for up to seven years after the last activity.
The table below provides information on types of debt in Arkansas and their statute of limitations.
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Oral Contract | 3 years | Applies if no written agreement exists. |
| Medical Bills | 4 years | Starts from the service date or the last payment. |
| Personal Loan | 3 to 5 years | Varies by contract type. Written contracts are 5 years. |
| Auto Loans | 5 years | Treated as a written contract in Arkansas. |
| Credit Card Debt | 5 years | Treated as a written contract in the state. |
Statute of Limitations for Child Abuse and Child Support in Arkansas
There are extended protections for victims of child abuse in Arkansas. Criminal prosecution for child abuse, especially sexual abuse, carries no statute of limitations, allowing the state to pursue cases at any time. There is also no civil child abuse statute of limitations in Arkansas, reflecting the reform made in 2023, abolishing the 55-year age limit for filing a lawsuit.
On the other hand, child support enforcement in Arkansas is done without a statute of limitations. Accrued arrears do not expire and can be pursued until it is fully paid. Enforcement can be done using wage garnishment, license suspension, and tax refund intercepts.