Missouri Statute of Limitations: Filing Deadlines by Case Type
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit or bring criminal charges. Once that deadline passes, courts will almost always refuse to hear the case. In Missouri, these deadlines vary depending on whether the matter is civil or criminal and what type of claim or charge is involved.
Understanding these time limits is critical. If you miss a filing deadline in Missouri, the opposing party can ask the court to dismiss your case. In civil matters, the court will grant that request, and the claim will be lost permanently. In criminal matters, a prosecution started after the deadline is generally invalid.
Missouri Civil Statute of Limitations
Missouri's civil statutes of limitations are found primarily in Chapter 516 of the Missouri Revised Statutes. The filing deadlines range from two years to ten years depending on the type of action.
Personal Injury (5 Years)
Missouri gives injured persons five years to file a personal injury lawsuit. This deadline is set by RSMo 516.120, which covers "any injury to the person or rights of another, not arising on contract." The clock typically starts on the date of the injury or accident.
Missouri also recognizes a discovery rule. If the injured party could not reasonably have known about the injury when it occurred, the five-year period may begin on the date the injury was discovered or should have been discovered.
Libel, Slander, and Related Torts (2 Years)
Under RSMo 516.140, actions for libel, slander, assault, battery, false imprisonment, malicious prosecution, and criminal conversation must be filed within two years. This section also covers actions by employees for unpaid minimum wages or overtime compensation.
Property Damage (5 Years)
Claims for injury to personal property, including taking, detaining, or damaging goods or chattels, fall under RSMo 516.120(4). The filing deadline is five years from the date of the damage.
Fraud (5 Years)
Actions based on fraud carry a five-year statute of limitations under RSMo 516.120(5). The clock starts when the fraud is discovered or should have been discovered through reasonable diligence.
Contracts (5 or 10 Years)
Missouri distinguishes between types of contract actions:
- Written contracts for payment of money or property: 10 years under RSMo 516.110
- Other written contracts: 5 years under RSMo 516.120(1)
- Oral contracts: 5 years under RSMo 516.120(1)
Medical Malpractice (2 Years)
Medical malpractice claims in Missouri are governed by RSMo 516.105. The filing deadline is two years from the date the negligent act occurred. However, the statute includes two important provisions:
- Absolute cap: No medical malpractice action can be filed more than 10 years after the negligent act, regardless of when the injury was discovered.
- Foreign object exception: If a healthcare provider leaves a foreign object inside a patient or fails to inform a patient of test results, the two-year period begins when the patient discovers or reasonably should have discovered the problem.
For minors, the deadline extends to two years past the child's 18th birthday or within the standard limitation period, whichever is later.
Wrongful Death (3 Years)
Under RSMo 537.100, wrongful death lawsuits must be filed within three years of the date of the decedent's death. Missouri courts enforce this deadline strictly. The three-year period runs from the date of death, not from the date of the underlying negligent act.
Trespass (5 Years)
Actions for trespass on real property must be filed within five years under RSMo 516.120(3).
Collection of Rents and Debt (10 Years)
Suits for collection of rents have a 10-year deadline under RSMo 516.110(3). Debt collection actions on written instruments also carry a 10-year limit under RSMo 516.110(1).
Judgments (10 Years)
An action on a judgment or decree of a court of record must be brought within 10 years under RSMo 516.350.
Recovery of Real Property (10 Years)
Under RSMo 516.010, actions to recover land must be brought within 10 years. This is the same period that applies to adverse possession claims in Missouri.
Summary of Missouri Civil Statutes of Limitations
| Type of Action | Time Limit | Statute |
|---|---|---|
| Personal Injury | 5 years | RSMo 516.120 |
| Libel / Slander | 2 years | RSMo 516.140 |
| Assault / Battery | 2 years | RSMo 516.140 |
| False Imprisonment | 2 years | RSMo 516.140 |
| Malicious Prosecution | 2 years | RSMo 516.140 |
| Property Damage | 5 years | RSMo 516.120(4) |
| Fraud | 5 years | RSMo 516.120(5) |
| Trespass | 5 years | RSMo 516.120(3) |
| Written Contract (payment of money) | 10 years | RSMo 516.110 |
| Other Written Contract | 5 years | RSMo 516.120(1) |
| Oral Contract | 5 years | RSMo 516.120(1) |
| Medical Malpractice | 2 years (10-year cap) | RSMo 516.105 |
| Wrongful Death | 3 years | RSMo 537.100 |
| Product Liability | 5 years | RSMo 516.120 |
| Debt Collection (written) | 10 years | RSMo 516.110(1) |
| Collection of Rents | 10 years | RSMo 516.110(3) |
| Judgments | 10 years | RSMo 516.350 |
| Recovery of Real Property | 10 years | RSMo 516.010 |
| Unpaid Wages / Overtime | 2 years | RSMo 516.140 |
Missouri Criminal Statute of Limitations
Missouri's criminal statutes of limitations are found in RSMo 556.036 and RSMo 556.037. These laws set deadlines for when prosecutors must file charges.
Crimes With No Time Limit
Missouri places no statute of limitations on the following offenses:
- Murder
- Rape in the first degree
- Forcible rape
- Attempted rape in the first degree
- Attempted forcible rape
- Sodomy in the first degree
- Forcible sodomy
- Attempted sodomy in the first degree
- Attempted forcible sodomy
- Any Class A felony
Prosecutors can bring charges for any of these crimes regardless of how much time has passed since the offense.
Sexual Offenses Against Minors (No Time Limit)
Under RSMo 556.037, prosecutions for unlawful sexual offenses involving a person under 18 years of age may be commenced at any time. This law was expanded effective January 1, 2017, removing all time limits on these cases. Before 2017, the deadline was 30 years after the victim reached age 18.
Felonies (3 Years)
Most felonies not listed above must be prosecuted within three years of the offense under RSMo 556.036. This applies to Class B, C, D, and E felonies.
An exception applies to certain arson-related offenses. Violations of RSMo 569.040 (when classified as a Class B felony), RSMo 569.050, and RSMo 569.055 carry a five-year statute of limitations.
Fraud and Breach of Fiduciary Duty
If fraud or breach of fiduciary duty is a material element of the offense, the prosecution must begin within three years after the fraud or breach is discovered, but no later than the general limitation period.
Official Misconduct
Charges for official misconduct must be filed within two years of the offense or within one year of leaving public employment, whichever is later.
Misdemeanors (1 Year) and Infractions (6 Months)
Misdemeanor charges must be filed within one year of the offense. Infractions carry a six-month deadline.
Summary of Missouri Criminal Statutes of Limitations
| Offense Type | Time Limit | Statute |
|---|---|---|
| Murder | No limit | RSMo 556.036 |
| Class A Felony | No limit | RSMo 556.036 |
| First-Degree Rape / Forcible Rape | No limit | RSMo 556.036 |
| First-Degree Sodomy / Forcible Sodomy | No limit | RSMo 556.036 |
| Sexual Offenses Against Minors (under 18) | No limit | RSMo 556.037 |
| Arson (Class B felony, RSMo 569.040) | 5 years | RSMo 556.036 |
| Other Felonies (Class B through E) | 3 years | RSMo 556.036 |
| Fraud / Breach of Fiduciary Duty | 3 years after discovery | RSMo 556.036 |
| Official Misconduct | 2 years or 1 year after leaving office | RSMo 556.036 |
| Misdemeanors | 1 year | RSMo 556.036 |
| Infractions | 6 months | RSMo 556.036 |
Tolling Rules: When the Clock Pauses
Missouri law allows the statute of limitations to be paused, or "tolled," under certain circumstances. Tolling effectively stops the deadline from running until the condition is resolved.
Minors and Mental Incapacity
Under RSMo 516.170, if a person entitled to bring a civil action is under the age of 21 or mentally incapacitated when the cause of action accrues, the statute of limitations does not begin running until the disability is removed. For minors, this means the filing deadline starts on their 21st birthday.
This tolling rule does not apply to medical malpractice claims under RSMo 516.105, which have their own separate provisions for minors.
Defendant Absent from the State
If a defendant leaves Missouri after the cause of action accrues but before the lawsuit can be filed, the time the defendant is absent from the state does not count toward the statute of limitations. This prevents individuals from avoiding lawsuits simply by leaving the state.
Criminal Tolling
For criminal cases, RSMo 556.036 provides that the statute of limitations does not run during any period when the accused is absent from the state, is hiding, another prosecution is pending for the same conduct, or the accused lacks mental fitness to proceed. In these situations, the statute may be extended by a maximum of three years.
Recent Legislative Developments (2026)
In March 2026, the Missouri House passed a bill sponsored by Republican state Representative Brian Seitz that would extend the civil statute of limitations for survivors of childhood sexual abuse. Under current law, survivors have 10 years after turning 21 to file a civil lawsuit. The proposed bill would extend that window until they turn 41. The bill passed the House 95 to 12 and has been sent to the Missouri Senate for consideration.
This is the fourth consecutive year this legislation has been introduced. If enacted, it would represent a significant change for survivors seeking civil remedies for childhood sexual abuse.
Important Considerations
The Discovery Rule
Missouri applies a discovery rule in certain civil cases. When an injury is not immediately apparent, the statute of limitations may begin on the date the plaintiff discovered the injury (or reasonably should have discovered it) rather than the date the injury occurred. This rule is particularly relevant in medical malpractice, fraud, and latent defect cases.
Filing vs. Service
Filing a lawsuit in Missouri means submitting the petition to the court. However, the plaintiff must also serve the defendant with the lawsuit within 180 days of filing. If service is not completed within that window, the court may dismiss the action.
Statute of Repose
Missouri's medical malpractice statute (RSMo 516.105) includes a 10-year statute of repose. Unlike a statute of limitations, a statute of repose sets an absolute outer deadline that cannot be extended by the discovery rule. No medical malpractice case can be filed more than 10 years after the negligent act, even if the injury was not discoverable within that time.
More Missouri Laws
Sources and References
- RSMo 516.120 - What actions within five years(revisor.mo.gov).gov
- RSMo 516.110 - What actions within ten years(revisor.mo.gov).gov
- RSMo 516.140 - What actions within two years(revisor.mo.gov).gov
- RSMo 516.105 - Actions against health care providers(revisor.mo.gov).gov
- RSMo 537.100 - Action for wrongful death, time limitation(revisor.mo.gov).gov
- RSMo 556.036 - Criminal time limitations(revisor.mo.gov).gov
- RSMo 556.037 - Time limitations for sexual offenses involving minors(revisor.mo.gov).gov
- RSMo 516.170 - Tolling for minors and mental incapacity(revisor.mo.gov).gov
- RSMo 516.010 - Actions for recovery of lands(revisor.mo.gov).gov
- RSMo 516.350 - Actions on judgments(revisor.mo.gov).gov
- Bill extending statute of limitations for childhood sexual abuse heads to Missouri Senate (March 2026)(missouriindependent.com)