Nevada Statute of Limitations: Filing Deadlines by Case Type
Overview of Nevada Statutes of Limitations
A statute of limitations is a law that sets the maximum amount of time a person has to start legal proceedings after an event. In Nevada, these deadlines apply to both civil lawsuits and criminal prosecutions. Once the statutory period expires, the right to file a claim or bring charges is typically lost forever.
Nevada's limitation periods are found primarily in NRS Chapter 11 for civil actions and NRS Chapter 171 for criminal cases. The length of each deadline depends on the type of case, the severity of the offense, and certain special circumstances that can pause or extend the clock.
Understanding these deadlines is essential for anyone considering legal action in Nevada. Filing even one day late can result in a permanent loss of your right to seek relief.
Nevada Civil Statute of Limitations
Nevada's civil statutes of limitations are organized by time period under NRS 11.190. The clock generally starts on the date the incident occurs or, in some cases, on the date the injured party discovers or should have discovered the harm.
Actions With a 6-Year Deadline
Under NRS 11.190(1), the following civil actions must be filed within 6 years:
| Case Type | Statute |
|---|---|
| Actions on a judgment or decree | NRS 11.190(1)(a) |
| Written contracts, obligations, or liabilities founded on a written instrument | NRS 11.190(1)(b) |
These longer deadlines reflect the stronger evidentiary foundation that written documents provide.
Actions With a 4-Year Deadline
Under NRS 11.190(2), these civil actions carry a 4-year filing period:
| Case Type | Statute |
|---|---|
| Accounts for goods, wares, or merchandise | NRS 11.190(2)(a) |
| Oral (unwritten) contracts | NRS 11.190(2)(c) |
| Sale of goods under the UCC | NRS 104.2725 |
| Collection of rents | NRS 11.220 |
For sale-of-goods claims under the Uniform Commercial Code (NRS 104.2725), the 4-year period begins when the breach occurs, regardless of whether the buyer knew about it at that time.
Actions With a 3-Year Deadline
Under NRS 11.190(3), these claims must be filed within 3 years:
| Case Type | Statute |
|---|---|
| Damage to personal property (taking or injury) | NRS 11.190(3)(c) |
| Trespass on real property | NRS 11.190(3)(b) |
| Fraud or mistake (from date of discovery) | NRS 11.190(3)(d) |
| Relief on the ground of a statutory liability | NRS 11.190(3)(a) |
| Waste or trespass of real property | NRS 11.190(3)(b) |
For fraud claims, the 3-year period does not start until the injured party discovers or should have discovered the facts constituting the fraud.
Actions With a 2-Year Deadline
Under NRS 11.190(4), these actions must be filed within 2 years:
| Case Type | Statute |
|---|---|
| Personal injury (bodily harm) | NRS 11.190(4)(e) |
| Wrongful death | NRS 11.190(4)(e) |
| Libel and slander (defamation) | NRS 11.190(4)(c) |
| Assault and battery | NRS 11.190(4)(c) |
| False imprisonment | NRS 11.190(4)(c) |
| Wrongful termination of employment | NRS 11.190(4)(e) |
The 2-year period for personal injury and wrongful death is one of the most commonly applied deadlines in Nevada. It begins on the date of the injury or death.
Medical Malpractice in Nevada
Medical malpractice claims follow special rules under NRS 41A.097. The deadline depends on when the injury occurred.
For injuries on or after October 1, 2023: A medical malpractice lawsuit must be filed within the earlier of 3 years from the date of the injury or 2 years from the date the plaintiff discovered (or reasonably should have discovered) the injury.
For injuries from October 1, 2002 through September 30, 2023: The deadline is the earlier of 3 years from the date of the injury or 1 year from the date of discovery.
The statute of limitations is tolled (paused) during any period when a healthcare provider concealed the act, error, or omission on which the claim is based.
Other types of professional malpractice, including claims against accountants, attorneys, and veterinarians, generally follow a 4-year statute of limitations under NRS 11.207.
Real Property and Construction Claims
Nevada has specific limitation periods for real property and construction-related claims.
Recovery of Real Property
Under NRS 11.070 and 11.080, no action for the recovery of real property or its possession may be maintained unless the plaintiff (or their predecessor) was in possession of the property within 5 years before the action began.
Construction Defects
Under NRS 11.202, Nevada imposes a 10-year statute of repose for construction defect claims. No action may be brought against a designer, planner, or builder more than 10 years after the substantial completion of the improvement to real property.
If an injury occurs in the 10th year after substantial completion, the injured party has an additional 2 years to file, but no action may be brought more than 12 years after completion under NRS 11.203.
An exception exists for claims based on fraud in causing the construction deficiency, which may be brought at any time after substantial completion.
Claims Against Government Entities
Under NRS 41.036, any person with a tort claim against the State of Nevada or its agencies must file the claim within 2 years after the cause of action accrues. Claims against a political subdivision of the state must also be filed within 2 years with the governing body of that subdivision.
While a pre-suit filing is required, NRS 41.036 clarifies that filing a claim with the government entity is not a condition precedent to bringing a lawsuit under NRS 41.031.
Nevada Criminal Statute of Limitations
Nevada's criminal statutes of limitations are found in NRS 171.080 through 171.095. These laws set deadlines for the state to file criminal charges. Once the time limit expires, the prosecution can no longer bring charges for that offense.
Crimes With No Statute of Limitations
Under NRS 171.080, there is no time limit for prosecuting:
- Murder
- Sexual assault arising out of the same facts and circumstances as murder or terrorism
Additionally, under NRS 171.082, there is no time limit for sexual assault if the identity of the accused is established through DNA evidence (genetic marker analysis of a biological specimen).
Under NRS 171.083, if a victim of sexual assault or sex trafficking files a written report with a law enforcement officer during the normal limitation period, the statute of limitations is removed entirely.
Felony Statutes of Limitations
Under NRS 171.085, felony charges must be filed within the following periods:
| Felony Type | Time Limit | Statute |
|---|---|---|
| Sexual assault | 20 years | NRS 171.085 |
| Sex trafficking | 6 years | NRS 171.085 |
| Theft, robbery, burglary, forgery, arson | 4 years | NRS 171.085 |
| Securities fraud (NRS 90.570) | 4 years | NRS 171.085 |
| Deceptive trade practices (NRS 598.0999) | 4 years | NRS 171.085 |
| All other felonies | 3 years | NRS 171.085 |
Under NRS 171.084, if a victim of kidnapping or attempted murder files a written report with law enforcement during the limitation period, the deadline is extended by an additional 5 years.
Misdemeanor Statutes of Limitations
Under NRS 171.090:
| Offense Level | Time Limit |
|---|---|
| Gross misdemeanors | 2 years |
| Simple misdemeanors | 1 year |
Child Sexual Abuse
Nevada provides extended time limits for crimes involving the sexual abuse of children. Under NRS 171.095:
- If the victim discovers or reasonably should have discovered the abuse by age 36, charges must be filed before the victim turns 36.
- If the victim reasonably could not have discovered the abuse by age 36, charges may be filed until the victim turns 43.
For civil actions, NRS 11.215 allows the direct victim of child sexual abuse to file a lawsuit against the perpetrator at any time, with no deadline. Claims against third parties (such as institutions) must be filed within 20 years after the plaintiff turns 18.
Offenses Committed in Secret
Under NRS 171.095, if a felony, gross misdemeanor, or misdemeanor is committed in a secret manner, the statute of limitations does not begin to run until the offense is discovered.
Tolling and Exceptions
Several circumstances can pause (toll) or extend Nevada's statutes of limitations.
Minors and Incapacitated Persons
Under NRS 11.250, the statute of limitations is tolled for any person who is under 18 years of age or is legally incapacitated (such as being insane, intellectually disabled, or in a medically comatose or vegetative state) at the time the cause of action accrues. These individuals may bring an action within the normal limitation period after the disability is removed.
For example, a minor injured in an accident generally has until their 20th birthday to file a personal injury lawsuit (turning 18, plus the 2-year statute of limitations).
Absence From the State
If a defendant leaves Nevada after a cause of action accrues, the time of absence from the state is not counted as part of the limitation period. This prevents defendants from avoiding lawsuits simply by relocating.
Criminal Statute Tolling for Minors
In criminal cases, under NRS 171.095, when a crime is committed against a minor, the statute of limitations does not begin to run until the victim turns 18.
Complete Civil Statute of Limitations Reference Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Judgments | 6 years | NRS 11.190(1)(a) |
| Written contracts | 6 years | NRS 11.190(1)(b) |
| Oral contracts | 4 years | NRS 11.190(2)(c) |
| Store accounts and debts | 4 years | NRS 11.190(2)(a) |
| Collection of rents | 4 years | NRS 11.220 |
| UCC sale of goods | 4 years | NRS 104.2725 |
| Professional malpractice (non-medical) | 4 years | NRS 11.207 |
| Trespass on real property | 3 years | NRS 11.190(3)(b) |
| Damage to personal property | 3 years | NRS 11.190(3)(c) |
| Fraud (from discovery) | 3 years | NRS 11.190(3)(d) |
| Statutory liability | 3 years | NRS 11.190(3)(a) |
| Personal injury | 2 years | NRS 11.190(4)(e) |
| Wrongful death | 2 years | NRS 11.190(4)(e) |
| Libel and slander | 2 years | NRS 11.190(4)(c) |
| Assault and battery | 2 years | NRS 11.190(4)(c) |
| False imprisonment | 2 years | NRS 11.190(4)(c) |
| Wrongful termination | 2 years | NRS 11.190(4)(e) |
| Medical malpractice | 3 years from injury or 2 years from discovery | NRS 41A.097 |
| Claims against government entities | 2 years | NRS 41.036 |
| Recovery of real property | 5 years | NRS 11.070 |
| Construction defects | 10-year statute of repose | NRS 11.202 |
| Child sexual abuse (against perpetrator) | No deadline | NRS 11.215 |
| Child sexual abuse (against third parties) | 20 years after turning 18 | NRS 41.13965 |
Complete Criminal Statute of Limitations Reference Table
| Offense | Time Limit | Statute |
|---|---|---|
| Murder | No limit | NRS 171.080 |
| Sexual assault (connected to murder/terrorism) | No limit | NRS 171.080 |
| Sexual assault (DNA identification) | No limit | NRS 171.082 |
| Sexual assault (report filed during limitation period) | No limit | NRS 171.083 |
| Sex trafficking (report filed during limitation period) | No limit | NRS 171.083 |
| Sexual assault | 20 years | NRS 171.085 |
| Sex trafficking | 6 years | NRS 171.085 |
| Theft | 4 years | NRS 171.085 |
| Robbery | 4 years | NRS 171.085 |
| Burglary | 4 years | NRS 171.085 |
| Forgery | 4 years | NRS 171.085 |
| Arson | 4 years | NRS 171.085 |
| Securities fraud | 4 years | NRS 171.085 |
| Deceptive trade practices | 4 years | NRS 171.085 |
| Other felonies | 3 years | NRS 171.085 |
| Gross misdemeanors | 2 years | NRS 171.090 |
| Simple misdemeanors | 1 year | NRS 171.090 |
| Child sexual abuse (victim discovers by age 36) | Before victim turns 36 | NRS 171.095 |
| Child sexual abuse (victim does not discover by 36) | Before victim turns 43 | NRS 171.095 |
More Nevada Laws
Sources and References
- NRS Chapter 11 - Limitation of Actions(leg.state.nv.us).gov
- NRS Chapter 171 - Proceedings to Commitment (Criminal Limitations)(leg.state.nv.us).gov
- NRS Chapter 41A - Actions for Professional Negligence(leg.state.nv.us).gov
- NRS Chapter 41 - Actions Concerning Persons (Government Claims)(leg.state.nv.us).gov
- NRS Chapter 104 - Uniform Commercial Code (Sale of Goods)(leg.state.nv.us).gov
- NRS Chapter 217 - Aid to Certain Victims of Crime(leg.state.nv.us).gov