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.

When that clock starts is governed by RSMo 516.100, which provides that a cause of action accrues not when the wrong is done but "when the damage resulting therefrom is sustained and is capable of ascertainment." That is an objective test. The five-year period begins when a reasonable person would have been put on notice that an injury and substantial damages may have occurred, not when the particular plaintiff subjectively realized it. It is narrower than the general discovery rule used in some other states.

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. Someone who lost money to a scam in a personal-use purchase may also have a claim under the Merchandising Practices Act; our guide to Missouri scam and fraud laws covers that claim, its deadline and where to report a scam in Missouri.

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.

Childhood Sexual Abuse (Civil Claims)

Missouri has a separate civil statute of limitations for lawsuits over childhood sexual abuse, distinct from the criminal prosecution deadline discussed later on this page. Under RSMo 537.046, a survivor must file within 10 years of turning 21 or within 3 years of discovering that an injury or illness was caused by the abuse, whichever is later. This claim runs against the person who committed the abuse. The 3-year discovery-rule alternative, and a provision voiding nondisclosure agreements in these cases, apply to actions arising on or after August 28, 2025.

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

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 18 years of age or under may be commenced at any time. This full elimination of the deadline took effect August 28, 2018. Before that date, the general rule was a 30-year deadline running from the victim's 18th birthday, but a list of the most serious offenses, including first-degree rape, forcible rape, first-degree sodomy, forcible sodomy, and kidnapping, already carried no deadline at all even under the older law.

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

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 (RSMo 537.046), survivors have 10 years after turning 21, or 3 years from discovering the injury was caused by the abuse, whichever is later, to file a civil lawsuit. The proposed bill would extend the age-based window until they turn 41. The bill passed the House 95 to 12 and was sent to the Missouri Senate for consideration; as of this update it had not taken effect, and current law remains the 10-years-after-21/3-years-discovery rule described above.

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's general accrual rule is not a true discovery rule. Under RSMo 516.100, the limitation period runs from the point at which the damage is sustained and is "capable of ascertainment," measured objectively by when a reasonable person would have been put on notice that an injury and substantial damages may have occurred. Where several items of damage arise, the clock runs from when the last item becomes capable of ascertainment.

True discovery triggers in Missouri are statutory and narrow. Fraud claims run from discovery under RSMo 516.120(5), subject to the 10-year outside limit, and the medical malpractice statute, RSMo 516.105, supplies its own discovery trigger for foreign objects and undisclosed test results.

Filing vs. Service

Filing a lawsuit in Missouri means submitting the petition to the court. There is no general statute requiring an ordinary tort or contract plaintiff to serve the defendant within a fixed number of days after filing.

Two statutes do impose a 180-day service deadline, and both are narrow. Under RSMo 516.105.2 (medical malpractice) and RSMo 537.100.2 (wrongful death), service made after the limitation period or any extension has already expired must be completed within 180 days of the filing of the petition, and the court shall dismiss the action as to any defendant not served in time. That dismissal is without prejudice unless the plaintiff previously took or suffered a nonsuit.

Outside those two situations, delay in obtaining service is handled under the court's own rules and its authority to dismiss for failure to prosecute, not by a 180-day statutory cutoff.

Missouri Recording Laws

More Missouri Laws

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• Missouri Dog Bite Laws
• Missouri Expungement Laws
• Missouri Slip and Fall Laws
• Missouri Workers Compensation 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. Under RSMo 516.100 the clock starts when the damage is sustained and is capable of ascertainment, which is usually the date of the injury but can be later if a reasonable person would not yet have been on notice that an injury and substantial damages had occurred.

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. Separately, RSMo 516.100 can push back the date the period starts, because a claim accrues only when the damage is sustained and is capable of ascertainment.

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.