Missouri
Missouri Statute of Limitations: Filing Deadlines by Case Type
In Missouri, personal injury and most contract claims must be filed within five years under RSMo 516.120, while written contracts for payment of money allow ten years under RSMo 516.110. Murder and all Class A felonies carry no filing deadline under RSMo 556.036.
Hurt in Missouri? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Missouri personal injury settlement calculator. It gives an instant range based on your medical costs and Missouri's fault rule (general information, not legal advice).
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, but the discovery-rule trigger applies only if that discovery occurs within 10 years of the fraud.
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 a discovery-rule exception:
- Foreign object or undisclosed test results: 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)
Collection actions on written instruments for the payment of money, including written leases for unpaid rent, carry a 10-year deadline 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 | 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(1) |
| 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 one year after the fraud or breach is discovered, though this discovery-rule extension cannot push the total prosecution window more than three years beyond the general limitation period.
Official Misconduct
Charges for official misconduct may be filed at any time while the accused remains in public office or employment, or within two years after leaving, whichever is later, though this extension cannot push the total prosecution window more than three years beyond the underlying limitation period.
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 | 1 year after discovery (max 3-year extension) | RSMo 556.036 |
| Official Misconduct | Any time in office, or 2 years after leaving (max 3-year extension) | 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 concealing themselves from justice, another prosecution is pending for the same conduct, the accused lacks mental fitness to proceed, or a DNA profile developed from crime-scene evidence has not yet been matched to the accused by name. Only the absence-from-the-state ground is capped, and it may extend the statute of limitations by a maximum of three years; the other grounds carry no such cap.
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.
More Missouri Laws
Frequently Asked Questions
How long do you have to file a personal injury lawsuit in Missouri?
Missouri allows five years to file a personal injury lawsuit under RSMo 516.120. The clock generally starts on the date of the injury. If the injury was not immediately discoverable, the discovery rule may delay the start of the five-year period.
Is there a statute of limitations on murder in Missouri?
No. Missouri has no statute of limitations on murder. Prosecutors can file murder charges at any time, regardless of how long ago the crime occurred. The same applies to Class A felonies, first-degree rape, and forcible sodomy under RSMo 556.036.
What is the statute of limitations for breach of contract in Missouri?
It depends on the type of contract. Written contracts for the payment of money or property have a 10-year statute of limitations under RSMo 516.110. All other written contracts and oral contracts carry a five-year deadline under RSMo 516.120.
Can the statute of limitations be extended in Missouri?
Yes, in certain situations. Missouri law tolls (pauses) the statute of limitations for persons under 21 or those who are mentally incapacitated when the cause of action accrues. The clock can also be paused if the defendant leaves the state. The discovery rule may also delay the start of the limitations period in some civil cases.
What is the statute of limitations for medical malpractice in Missouri?
Missouri requires medical malpractice claims to be filed within two years of the negligent act under RSMo 516.105. For foreign objects left inside a patient, the two-year period starts from the date of discovery instead.
Updates
Removed a fabricated 10-year medical malpractice statute of repose (not present anywhere in RSMo 516.105's current text) repeated across the KeyTakeaways, Medical Malpractice section, summary table, a dedicated Statute of Repose section, and the FAQ. Also fixed the rent-collection citation (RSMo 516.110(3) does not mention rent), the official misconduct deadline, the fraud/breach-of-fiduciary-duty criminal discovery window, the criminal tolling cap (only applies to absence from the state, not all four grounds), and added the 10-year outer bound on the civil fraud discovery rule.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on 13 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Revised Statutes of Missouri, Title XXXV (CIVIL PROCEDURE AND LIMITATIONS), Chapter 516
§ 516.010Actions for recovery of lands commenced, when.In forcecited in 2 of our articles
No action for the recovery of any lands, tenements or hereditaments, or for the recovery of the possession thereof, shall be commenced, had or maintained by any person, whether citizen, denizen, alien, resident or nonresident of this state, unless it appear that the plaintiff, his ancestor, predecessor, grantor or other person under whom he claims was seized or possessed of the premises in question, within ten years before the commencement of such action.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Also relied on in: Missouri Squatters Rights and Adverse Possession Laws (2026)
§ 516.105Actions against health care and mental health providers (medical malpractice).In forcecited in 4 of our articles
1. All actions against physicians, hospitals, dentists, registered or licensed practical nurses, optometrists, podiatrists, pharmacists, chiropractors, professional physical therapists, mental health professionals licensed under chapter 337, and any other entity providing health care services and all employees of any of the foregoing acting in the course and scope of their employment, for damages for malpractice, negligence, error or mistake related to health care shall be brought within two years from the date of occurrence of the act of neglect complained of, except that: (1) In cases in which the act of neglect complained of is introducing and negligently permitting any foreign object to remain within the body of a living person, the action shall be brought within two years from the date of the discovery of such alleged negligence, or from the date on which the patient in the exercise of ordinary care should have discovered such alleged negligence, whichever date first occurs; and (2) In cases in which the act of neglect complained of is the negligent failure to inform the patient of the results of medical tests, the action for failure to inform shall be brought within two…
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Also relied on in: Missouri Medical Recording Laws: Patient Rights, HIPAA, and Consent (2026), Medical Malpractice Laws in Missouri (2026): Deadlines & Caps, Motorcycle Accident Laws in Missouri (2026): Helmets
§ 516.110What action shall be commenced within ten years.In force
Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property; (2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue; (3) Actions for relief, not herein otherwise provided for.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
§ 516.120What actions within five years.In forcecited in 7 of our articles
Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited; (2) An action upon a liability created by a statute other than a penalty or forfeiture; (3) An action for trespass on real estate; (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated; (5) An action for relief on the ground of fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Also relied on in: Missouri Audio Recording Laws: One-Party Consent Rules and Penalties, Missouri Dog Bite Laws: Liability and Victim Rights, Missouri Car Accident Laws: Fault, Insurance, and Your Claim
§ 516.140What actions within two years.In forcecited in 3 of our articles
Within two years: an action for libel, slander, injurious falsehood, assault, battery, false imprisonment, criminal conversation, malicious prosecution or actions brought under section 290.140. An action by an employee for the payment of unpaid minimum wages, unpaid overtime compensation or liquidated damages by reason of the nonpayment of minimum wages or overtime compensation, and for the recovery of any amount under and by virtue of the provisions of the Fair Labor Standards Act of 1938 and amendments thereto, such act being an act of Congress, shall be brought within two years after the cause accrued.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Also relied on in: Missouri Defamation Laws: Libel & Slander (2026), Defamation Laws by State: Libel and Slander (2026)
§ 516.170May delay filing of action, when.In force
Except as provided in section 516.105, if any person entitled to bring an action in sections 516.100 to 516.370 specified, at the time the cause of action accrued be either within the age of twenty-one years, or mentally incapacitated, such person shall be at liberty to bring such actions within the respective times in sections 516.100 to 516.370 limited after such disability is removed.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
§ 516.350Judgments presumed to be paid, when — presumption, how rebutted — inclusion in the automated child support system — judgment for unpaid rent, revived by publication.In forcecited in 2 of our articles
1. Every judgment, order or decree of any court of record of the United States, or of this or any other state, territory or country, except for any judgment, order, or decree awarding child support or maintenance or dividing pension, retirement, life insurance, or other employee benefits in connection with a dissolution of marriage, legal separation or annulment which mandates the making of payments over a period of time or payments in the future, shall be presumed to be paid and satisfied after the expiration of ten years from the date of the original rendition thereof, or if the same has been revived upon personal service duly had upon the defendant or defendants therein, then after ten years from and after such revival, or in case a payment has been made on such judgment, order or decree, and duly entered upon the record thereof, after the expiration of ten years from the last payment so made, and after the expiration of ten years from the date of the original rendition or revival upon personal service, or from the date of the last payment, such judgment shall be conclusively presumed to be paid, and no execution, order or process shall issue thereon, nor shall any suit be…
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Also relied on in: Missouri Child Support Laws (2026): Guidelines & Calculator
Revised Statutes of Missouri, Title XXXVI (STATUTORY ACTIONS AND TORTS), Chapter 537
§ 537.100Limitation of action — effect of absence of defendant and nonsuit.In forcecited in 7 of our articles
1. Every action instituted under section 537.080 shall be commenced within three years after the cause of action shall accrue; provided, that if any defendant, whether a resident or nonresident of the state at the time any such cause of action accrues, shall then or thereafter be absent or depart from the state, so that personal service cannot be had upon such defendant in the state in any such action heretofore or hereafter accruing, the time during which such defendant is so absent from the state shall not be deemed or taken as any part of the time limited for the commencement of such action against him; and provided, that if any such action shall have been commenced within the time prescribed in this section, and the plaintiff therein take or suffer a nonsuit, or after a verdict for him the judgment be arrested, or after a judgment for him the same be reversed on appeal or error, such plaintiff may commence a new action from time to time within one year after such nonsuit suffered or such judgment arrested or reversed; and in determining whether such new action has been begun within the period so limited, the time during which such nonresident or absent defendant is so absent…
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Also relied on in: Truck Accident Laws in Missouri (2026): Deadlines & Liability, Missouri Wrongful Death Laws (2026): Deadlines, Missouri Slip and Fall Laws: Proving Premises Liability in the Show-Me State
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 556
§ 556.036Time limitations.In force
1. A prosecution for 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, or any class A felony may be commenced at any time. 2. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation: (1) For any felony, three years, except as provided in subdivision (4) of this subsection; (2) For any misdemeanor, one year; (3) For any infraction, six months; (4) For any violation of section 569.040, when classified as a class B felony, or any violation of section 569.050 or 569.055, five years.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
§ 556.037Time limitations for prosecutions for sexual offenses involving a person under eighteen.In force
1. Notwithstanding the provisions of section 556.036, prosecutions for unlawful sexual offenses involving a person eighteen years of age or under may be commenced at any time. 2. For purposes of this section, "sexual offenses" include, but are not limited to, all offenses for which registration is required under sections 589.400 to 589.425.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Revised Statutes of Missouri, Title XXXVIII (CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS), Chapter 569
§ 569.040Arson in the first degree — penalty.In force
1. A person commits the offense of arson in the first degree if he or she: (1) Knowingly damages a building or inhabitable structure, and when any person is then present or in near proximity thereto, by starting a fire or causing an explosion and thereby recklessly places such person in danger of death or serious physical injury; or (2) By starting a fire or explosion, damages a building or inhabitable structure in an attempt to produce methamphetamine. 2. The offense of arson in the first degree is a class B felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion set by the person or as a result of a fire or explosion started in an attempt by the person to produce methamphetamine, in which case arson in the first degree is a class A felony.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
§ 569.050Arson in the second degree — penalty.In force
1. A person commits the offense of arson in the second degree if he or she knowingly damages a building or inhabitable structure by starting a fire or causing an explosion. 2. A person does not commit an offense under this section if: (1) No person other than himself or herself has a possessory, proprietary or security interest in the damaged building, or if other persons have those interests, all of them consented to his or her conduct; and (2) The person's sole purpose was to destroy or damage the building for a lawful and proper purpose. 3. The defendant shall have the burden of injecting the issue under subsection 2 of this section. 4. The offense of arson in the second degree is a class D felony unless a person has suffered serious physical injury or has died as a result of the fire or explosion, in which case it is a class B felony.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
§ 569.055Knowingly burning or exploding — penalty.In force
1. A person commits the offense of knowingly burning or exploding if he or she knowingly damages property of another by starting a fire or causing an explosion. 2. The offense of knowingly burning or exploding is a class E felony.
Official text (excerpt) · as of 2026-07-31 · Read the full section at revisor.mo.gov
Search our full record of US law — 1.79 million sections, every state + federal →
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)