Maine Statute of Limitations: Filing Deadlines by Case Type

What Is a Statute of Limitations in Maine?

A statute of limitations is a law that sets a strict deadline for filing a legal action. In Maine, these deadlines apply to both civil lawsuits and criminal prosecutions. Once the deadline passes, the court will almost certainly dismiss the case if the opposing party raises the defense.

These time limits exist to promote fairness. Over time, evidence degrades, witnesses forget details, and documents get lost. Maine's legislature has decided that legal disputes should be resolved within a reasonable window after an event occurs.

The filing clock typically starts on the date of the incident or, in some situations, the date the injured party discovers (or should have discovered) the harm. This is called the "discovery rule," and it applies in specific cases like medical malpractice involving foreign objects left in the body.

Maine Civil Statute of Limitations

Maine's general civil statute of limitations is 6 years. Under Title 14, Section 752, all civil actions must be filed within 6 years after the cause of action accrues, unless a different deadline is set by another statute.

However, many types of claims have their own specific deadlines. Below is a detailed breakdown of civil filing deadlines in Maine.

Personal Injury

Most personal injury lawsuits in Maine must be filed within 6 years of the date the injury occurred, under Title 14, Section 752.

There are important exceptions. Claims based on assault, battery, or false imprisonment must be filed within 2 years under Title 14, Section 753.

Wrongful Death

A wrongful death action in Maine must be filed within 3 years after the date of the decedent's death, per Title 18-C, Section 2-807. If the death was caused by a homicide, the personal representative has 6 years from the date they discover there is a just cause of action against the person responsible.

Property Damage

Claims for damage to personal property follow the general 6-year rule under Title 14, Section 752.

Defamation (Libel and Slander)

Actions for libel or slander must be filed within 2 years after the cause of action accrues, under Title 14, Section 753.

Fraud

Fraud claims follow the general 6-year statute of limitations under Title 14, Section 752.

Trespass

Trespass actions must also be filed within 6 years under Title 14, Section 752.

Contracts

Maine has different deadlines depending on the type of contract:

Contract Type	Deadline	Statute
General written or oral contracts	6 years	Title 14, Section 752
Contracts under seal or promissory notes with attesting witness	20 years	Title 14, Section 751
Sale of goods (UCC)	4 years	Title 11, Section 2-725
Negotiable instruments	6 years	Title 11, Section 3-1118

A 2017 amendment clarified that the 6-year statute of limitations in Article 3-A of the Uniform Commercial Code (not the 20-year period in Section 751) applies to all negotiable instruments.

Debt Collection

Debt collection actions in Maine generally must be filed within 6 years of the date the cause of action accrues, per Title 14, Section 752. This applies to most consumer debts, credit card balances, and accounts stated.

Collection of rent also falls under the 6-year general deadline.

Court Judgments

A judgment from any court of record is presumed paid and satisfied after 20 years, per Title 14, Section 864. Child support orders are exempt from this presumption.

Maine Professional Malpractice Deadlines

Professional malpractice claims in Maine vary depending on the type of professional involved.

Medical Malpractice

Under Title 24, Section 2902, medical malpractice actions must be filed within 3 years after the cause of action accrues. The cause of action accrues on the date of the act or omission that caused the injury, not the date of discovery.

There is one exception: if the claim involves a foreign object left inside the patient's body, the 3-year period begins on the date the patient discovers or reasonably should have discovered the foreign object. Prosthetic devices and objects intentionally left in place during treatment do not count as "foreign objects."

For minors, the deadline is either 6 years from the date of the negligent act or 3 years after the minor reaches the age of majority, whichever comes first.

Attorney Malpractice

Under Title 14, Section 753-B, claims for legal malpractice generally begin running from the date of the attorney's act or omission, not from the date the client discovers the error.

Two exceptions apply:

• Real estate title opinions: The clock starts when the client discovers the negligence, but the absolute outer limit is 20 years after the act or omission.
• Will drafting: The clock starts when the negligence is discovered, with no fixed outer limit.

Architects, Engineers, and Land Surveyors

Under Title 14, Section 752-A, claims against design professionals must be filed within 4 years after the malpractice or negligence is discovered, but no later than 10 years after substantial completion of the construction contract or services.

Special Civil Deadlines

Ski Area and Tramway Claims

All claims for property damage, bodily injury, or death arising from skiing, hang gliding, or tramway use must be filed within 2 years, under Title 14, Section 752-B.

Government Entity Claims (Tort Claims Act)

Claims against a governmental entity or its employees must be filed within 2 years after the cause of action accrues, per Title 14, Section 8110. Written notice must be given to the governmental entity within 365 days (1 year) of the incident, under Title 14, Section 8107.

For minors, the 2-year deadline does not begin until the minor turns 18.

Civil Sexual Abuse of Minors

Under Title 14, Section 752-C, civil actions based on sexual acts toward minors may be commenced at any time. A 2021 law attempted to make this apply retroactively to revive claims that had already expired. However, in January 2025, the Maine Supreme Judicial Court ruled that the retroactive revival provision was unconstitutional. Claims that had not yet expired before the 2021 law took effect can still proceed without a time limit.

PFAS (Perfluoroalkyl and Polyfluoroalkyl Substances)

Under Title 14, Section 752-F, actions for harm caused by PFAS contamination must be filed within 6 years after the plaintiff discovers or reasonably should have discovered the harm. This uses a discovery rule, so the clock does not start at the time of exposure.

Civil Statute of Limitations Summary Table

Claim Type	Time Limit	Key Statute
Personal injury (general)	6 years	Title 14, Section 752
Assault, battery, false imprisonment	2 years	Title 14, Section 753
Wrongful death	3 years (6 years if homicide)	Title 18-C, Section 2-807
Property damage	6 years	Title 14, Section 752
Libel/slander	2 years	Title 14, Section 753
Fraud	6 years	Title 14, Section 752
Trespass	6 years	Title 14, Section 752
Written contracts	6 years	Title 14, Section 752
Contracts under seal	20 years	Title 14, Section 751
Sale of goods (UCC)	4 years	Title 11, Section 2-725
Debt collection	6 years	Title 14, Section 752
Medical malpractice	3 years	Title 24, Section 2902
Attorney malpractice	2 years (exceptions apply)	Title 14, Section 753-B
Design professionals	4 years (max 10 years)	Title 14, Section 752-A
Ski area injuries	2 years	Title 14, Section 752-B
Government tort claims	2 years	Title 14, Section 8110
Sexual abuse of minors	No limit	Title 14, Section 752-C
PFAS contamination	6 years from discovery	Title 14, Section 752-F
Court judgments	20 years	Title 14, Section 864

Tolling the Civil Statute of Limitations

Maine law allows the statute of limitations to be paused ("tolled") under certain circumstances. Under Title 14, Section 853, if a person is under a legal disability when the cause of action accrues, the filing deadline does not begin until that disability is removed.

Qualifying disabilities include:

• Being a minor (under 18 years old)
• Being mentally ill
• Being imprisoned
• Being outside the United States

Once the disability ends, the person has the full statutory period to file a claim.

Maine Criminal Statute of Limitations

Maine's criminal statute of limitations is governed by Title 17-A, Section 8 of the Maine Criminal Code. These deadlines control how long prosecutors have to file criminal charges after a crime is committed.

Crimes with No Time Limit

Maine has no statute of limitations for the following offenses:

• Murder
• Criminal homicide in the first or second degree
• Sex crimes against victims under 18, including incest, unlawful sexual contact, sexual abuse of a minor, rape, gross sexual assault, unlawful sexual touching, and sexual exploitation of a minor

Prosecutors can bring charges for these crimes at any time, regardless of how many years have passed.

Felonies (Class A, B, and C Crimes)

All other felonies in Maine must be prosecuted within 6 years after the crime is committed. Maine classifies felonies as Class A (most serious), Class B, and Class C crimes.

Misdemeanors (Class D and E Crimes)

Misdemeanor charges in Maine must be filed within 3 years after the crime is committed. Class D and Class E crimes are Maine's misdemeanor categories.

Special Criminal Deadlines

Certain criminal offenses have unique tolling rules:

• Breaches of fiduciary obligations: 1 year, with a maximum extension of 5 years after discovery.
• Official misconduct by a public servant: 2 years, with a maximum extension of 5 years after discovery.
• Tax offenses: Under Title 36, Section 183, criminal tax offenses have their own deadlines separate from the general criminal code.

Criminal Tolling Provisions

The criminal statute of limitations is paused (tolled) in several situations:

• Defendant absent from Maine: The clock stops while the defendant is outside the state, but this extension cannot exceed 5 years beyond the standard deadline.
• Dismissed cases with errors: If a complaint or indictment is dismissed because of an error or defect, prosecutors have 6 months to file a new prosecution for the same crime.
• Pending prosecution: The clock stops if there is already a pending prosecution against the same defendant for the same crime based on the same conduct.
• Pending juvenile proceeding: The clock stops if the defendant has a pending juvenile case based on the same conduct.

Criminal Statute of Limitations Summary Table

Crime Type	Time Limit	Statute
Murder	No limit	Title 17-A, Section 8
Criminal homicide (1st/2nd degree)	No limit	Title 17-A, Section 8
Sex crimes (victim under 18)	No limit	Title 17-A, Section 8
Other felonies (Class A, B, C)	6 years	Title 17-A, Section 8
Misdemeanors (Class D, E)	3 years	Title 17-A, Section 8
Fiduciary breach	1 year (max 5 years from discovery)	Title 17-A, Section 8
Public servant misconduct	2 years (max 5 years from discovery)	Title 17-A, Section 8

Recent Changes to Maine's Statute of Limitations

2025: Maine Supreme Court Strikes Down Retroactive Sexual Abuse Law

In January 2025, the Maine Supreme Judicial Court ruled 5-2 that a 2021 state law retroactively eliminating the statute of limitations for civil claims of childhood sexual abuse was unconstitutional. The case involved Robert E. Dupuis and 12 other plaintiffs who had filed lawsuits against the Roman Catholic Bishop of Portland for alleged clergy abuse.

The court held that once a statute of limitations has expired for a claim, the legislature cannot revive it. Justice Catherine Connors wrote that defendants have a constitutionally protected vested right that is "not subject to destruction, however compelling the reason for destroying the right."

Going forward, Title 14, Section 752-C still eliminates the statute of limitations for new civil claims of sexual acts toward minors. Only the retroactive revival of already-expired claims was struck down.

2023: Wrongful Death Time Limit Extended

Maine expanded the wrongful death statute of limitations in 2023. The filing window was increased to 3 years from the date of death. For deaths caused by homicide, the deadline is now 6 years from the date the personal representative discovers there is a just cause of action.

2017: Negotiable Instruments Clarification

A 2017 amendment clarified that the 6-year UCC statute of limitations, not the 20-year period in Title 14, Section 751, applies to all negotiable instruments.

How to Protect Your Right to File

Missing a filing deadline can permanently destroy your legal claim. Here are practical steps to protect your rights:

• Act quickly. Contact an attorney as soon as possible after an incident. Do not assume you have plenty of time.
• Document everything. Keep records of dates, communications, medical treatment, and expenses.
• Know which deadline applies. The type of claim determines the deadline. The wrong assumption could cost you your case.
• Watch for tolling. If you qualify for tolling (minor, out of country, incarcerated), the deadline may be extended, but you should still not delay.
• File notice for government claims. If your claim involves a government entity, you must provide written notice within 365 days of the incident, even though the lawsuit deadline is 2 years.

State laws can change, and filing deadlines may vary depending on the specific facts of a case. Consider consulting a Maine attorney to verify the deadline that applies to your situation.

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