New Hampshire Statute of Limitations: Filing Deadlines by Case Type
Understanding filing deadlines is essential for anyone involved in a legal dispute in New Hampshire. The statute of limitations sets the maximum time a person has to file a lawsuit or the state has to bring criminal charges. Missing these deadlines almost always means losing the right to pursue a claim or prosecution permanently.
New Hampshire divides these time limits into two main categories: civil statutes of limitations (for lawsuits between private parties) and criminal statutes of limitations (for prosecution of crimes by the state). Each category has different deadlines depending on the type of case.
This guide covers every major filing deadline in New Hampshire, explains important exceptions and tolling rules, and provides the specific statutory references so you can verify each time limit through the official New Hampshire Revised Statutes.
New Hampshire Civil Statute of Limitations
New Hampshire's civil statute of limitations governs how long you have to file a lawsuit in state court. These deadlines come primarily from RSA Chapter 508 (Limitation of Actions). Once the applicable deadline passes, the defendant can file a motion to dismiss, and the court will grant it.
The clock typically starts on the date the injury or breach occurred, though New Hampshire courts apply a "discovery rule" in certain situations (discussed below).
Personal Injury Claims
New Hampshire provides 3 years from the date of injury to file a personal injury lawsuit. This deadline applies broadly to claims involving car accidents, slip-and-fall injuries, assault, battery, and other negligence-based claims.
The governing statute is RSA 508:4, which covers all "personal actions" not specifically addressed by another statute.
Medical Malpractice
Medical malpractice claims also fall under the 3-year statute of limitations in RSA 508:4. The clock generally starts on the date of the alleged malpractice.
However, New Hampshire applies the discovery rule to medical malpractice claims. If the injury and its connection to the provider's conduct were not and could not reasonably have been discovered at the time of the act or omission, the statute of limitations begins when the patient discovers or reasonably should have discovered the injury.
Wrongful Death
A wrongful death action must be filed within 3 years of the date of death. Under RSA 556:11, the administrator of the decedent's estate is the party responsible for bringing the claim. New Hampshire law allows recovery for both economic and non-economic damages in wrongful death cases.
Property Damage
Claims for injury to personal property must be filed within 3 years under RSA 508:4. This includes damage to vehicles, personal belongings, or other tangible items caused by negligence or intentional conduct.
Defamation (Libel and Slander)
Defamation claims, whether for written statements (libel) or spoken statements (slander), must be filed within 3 years under RSA 508:4.
Fraud
Civil fraud claims carry a 3-year statute of limitations under RSA 508:4. The discovery rule may apply in fraud cases, since the nature of fraud often involves concealment that delays the plaintiff's awareness of the wrongful conduct.
Product Liability
Product liability claims follow the general 3-year personal injury deadline under RSA 508:4. However, New Hampshire also has a product liability statute at RSA 507-D:2 that originally included a 12-year statute of repose. The New Hampshire Supreme Court found the 12-year repose period unconstitutional in Heath v. Sears, Roebuck & Co., 123 N.H. 512 (1983), so the 3-year discovery-based period is the operative deadline.
Trespass
Actions for willful trespass must be filed within 2 years under RSA 539:8. The discovery rule applies to trespass claims as well, so the clock may start when the plaintiff discovers or reasonably should discover the trespass.
Contract Disputes
New Hampshire applies different deadlines depending on the type of contract:
- Oral contracts: 3 years under RSA 508:4
- Written contracts under seal: 20 years under RSA 508:5
- Contracts for the sale of goods (UCC): 4 years under RSA 382-A:2-725
RSA 508:5 also applies to actions on judgments and recognizances, providing the same 20-year deadline.
Construction Defects
Claims arising from deficiencies in real property improvements must be filed within 8 years of the date of substantial completion under RSA 508:4-b. "Substantial completion" means the construction is sufficiently finished so the owner can use the improvement for its intended purpose.
If the improvement carries an express written warranty longer than 8 years, the limitation period extends to match the warranty period. The 8-year deadline does not apply to cases involving fraud or fraudulent concealment of material facts.
Sexual Assault (Civil Claims)
New Hampshire has eliminated the civil statute of limitations for sexual assault claims. Under RSA 508:4-g, a person who was subjected to an offense under RSA 632-A (sexual assault) or RSA 639:2 may file a civil lawsuit at any time, with no deadline.
Real Property Actions
Actions for the recovery of real estate must be brought within 20 years from the time the right to recover first accrued under RSA 508:2. Actions based on a right of re-entry or executory interest carry a shorter 5-year deadline.
Judgments
Actions to enforce court judgments must be brought within 20 years under RSA 508:5.
Complete Civil Statute of Limitations Table
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 3 years | RSA 508:4 |
| Medical Malpractice | 3 years | RSA 508:4 |
| Wrongful Death | 3 years | RSA 556:11 |
| Property Damage | 3 years | RSA 508:4 |
| Defamation (Libel/Slander) | 3 years | RSA 508:4 |
| Fraud | 3 years | RSA 508:4 |
| Product Liability | 3 years | RSA 508:4 / RSA 507-D:2 |
| Trespass | 2 years | RSA 539:8 |
| Oral Contracts | 3 years | RSA 508:4 |
| Written Contracts Under Seal | 20 years | RSA 508:5 |
| Sale of Goods (UCC) | 4 years | RSA 382-A:2-725 |
| Construction Defects | 8 years from substantial completion | RSA 508:4-b |
| Sexual Assault (Civil) | No limit | RSA 508:4-g |
| Recovery of Real Estate | 20 years | RSA 508:2 |
| Right of Re-Entry / Executory Interest | 5 years | RSA 508:2 |
| Judgments | 20 years | RSA 508:5 |
New Hampshire Criminal Statute of Limitations
New Hampshire's criminal statute of limitations determines how long prosecutors have to file charges after a crime has been committed. These time limits are found in RSA 625:8.
Crimes With No Time Limit
New Hampshire does not impose any filing deadline for murder. Prosecutors may bring murder charges at any time, regardless of how many years have passed since the crime occurred.
Additionally, offenses under RSA 641:1 through 641:7 (perjury, false swearing, and related crimes) carry no time limit if they were committed to assist in a murder, conceal a murder, or hinder the investigation or apprehension of someone responsible for murder.
Felonies
For most felonies, the standard limitation periods are:
- Class A felonies: 6 years
- Class B felonies: 6 years
Several categories of felonies carry special deadlines:
- Sexual assault (victim under 18): Prosecution must begin within 22 years of the victim's 18th birthday under RSA 625:8(III)(d). This effectively gives victims until age 40 to report the crime.
- Unemployment compensation offenses (RSA 282-A): 6 years
- Hunting/game violations and off-highway recreational vehicle offenses (RSA 208, 210, 215): 3 years
- Misconduct in public office: At any time while the defendant holds public office, or within 2 years after leaving office
- Fraud or breach of fiduciary duty: Within 1 year of discovery by the aggrieved party
- Human trafficking (RSA 633:7): 20 years, or within 20 years of the victim's 18th birthday if the victim was a minor
- Fire code violations (RSA 153:24, 153:5): Within 1 year of discovery
- Evidence destruction/tampering to delay discovery: Within 1 year of discovery of the offense
- Motor vehicle violations resulting in death or serious bodily injury: 6 months
Misdemeanors and Violations
- Misdemeanors: Prosecution must begin within 1 year of the offense
- Violations: Prosecution must begin within 3 months of the offense
Complete Criminal Statute of Limitations Table
| Offense Type | Time Limit | Statute |
|---|---|---|
| Murder | No limit | RSA 625:8(IV) |
| Perjury/False Swearing (to assist murder) | No limit | RSA 625:8(III)(g) |
| Class A Felony | 6 years | RSA 625:8(I)(a) |
| Class B Felony | 6 years | RSA 625:8(I)(b) |
| Sexual Assault (Victim Under 18) | 22 years after victim's 18th birthday | RSA 625:8(III)(d) |
| Human Trafficking | 20 years | RSA 625:8(III)(i) |
| Human Trafficking (Victim Under 18) | 20 years after victim's 18th birthday | RSA 625:8(III)(i) |
| Unemployment Compensation Offenses | 6 years | RSA 625:8(I)(e) |
| Misconduct in Public Office | While in office or 2 years after | RSA 625:8(III)(b) |
| Hunting/Game Violations | 3 years | RSA 625:8(III)(c) |
| Fraud / Breach of Fiduciary Duty | 1 year after discovery | RSA 625:8(II) |
| Evidence Tampering (Delayed Discovery) | 1 year after discovery | RSA 625:8(III)(e) |
| Fire Code Violations | 1 year after discovery | RSA 625:8(III)(f) |
| Motor Vehicle Violation (Death/Serious Injury) | 6 months | RSA 625:8(III)(h) |
| Misdemeanor | 1 year | RSA 625:8(I)(c) |
| Violation | 3 months | RSA 625:8(I)(d) |
Tolling and Exceptions in New Hampshire
Several situations can pause (toll) or extend the statute of limitations in New Hampshire. Understanding these exceptions is important because they can significantly change your filing deadline.
Discovery Rule
New Hampshire courts apply the "discovery rule" when an injury or wrong is inherently unknowable at the time it occurs. Under this doctrine, the statute of limitations does not begin to run until the plaintiff knew or should have known about the injury through the exercise of reasonable diligence.
This rule commonly applies in medical malpractice, fraud, toxic exposure, and latent defect cases where the harm may not become apparent for months or years after the wrongful act.
Defendant's Absence From the State
Under RSA 508:9, if the defendant was absent from and residing outside New Hampshire at the time the cause of action accrued (or left the state afterward), the time of absence is excluded from the statute of limitations calculation. The clock pauses while the defendant is out of state and resumes when they return.
For criminal cases, RSA 625:8(VI) provides a similar tolling rule. The statute of limitations does not run during any period when the accused is continuously absent from the state or has no reasonably ascertainable place of residence or employment within New Hampshire.
Tolling for Minors and Persons With Disabilities
Under RSA 508:8, if the injured person is a minor (under 18) or is mentally incompetent at the time the cause of action arises, they have 2 years after the disability is removed to file a personal action. For minors, this means 2 years after turning 18. For mentally incompetent persons, this means 2 years after regaining competency.
Pending Prosecution (Criminal)
Under RSA 625:8(VI), the criminal statute of limitations also does not run during any time when a prosecution is already pending against the accused based on the same conduct.
Theft With Lawful Possession
For theft cases where the accused lawfully obtained possession of property and then misappropriated it, prosecution may begin within 1 year of discovery by an aggrieved party, even if the standard statute of limitations has expired (RSA 625:8(II)).
What Happens If You Miss the Deadline
If you fail to file a civil lawsuit before the statute of limitations expires, the defendant can raise it as an affirmative defense and file a motion to dismiss. New Hampshire courts consistently enforce these deadlines, and a dismissal on statute of limitations grounds is permanent. The claim is lost forever.
For criminal cases, if prosecutors attempt to bring charges after the statute of limitations has expired, the defendant can move to dismiss the indictment. The court must grant the motion unless the state can prove that a tolling exception applies.
Filing an insurance claim or negotiating a settlement does not pause or extend the statute of limitations. The clock continues to run during these activities, so you should stay aware of deadlines even while settlement discussions are ongoing.
Practical Tips for Filing in New Hampshire
- Document the date of injury or discovery carefully. The exact start date of the statute of limitations can determine whether your case survives a motion to dismiss.
- Consult a New Hampshire attorney early. An attorney can identify which statute of limitations applies to your specific situation and whether any tolling provisions might extend your deadline.
- Do not rely on settlement negotiations to protect your rights. The statute of limitations runs during negotiations. If settlement talks stall, you may need to file suit to preserve your claim.
- Keep records of all communications. Documentation of when you discovered an injury or defect is critical if the discovery rule becomes an issue.
- Check for special deadlines. Some claim types in New Hampshire have unique filing requirements beyond the general statute of limitations. For example, construction defect claims have an 8-year repose period, and product liability claims follow special rules under RSA 507-D.
More New Hampshire Laws
Sources and References
- RSA 508:4 - Personal Actions(gencourt.state.nh.us).gov
- RSA 508:5 - Specialties (Contracts Under Seal, Judgments)(gencourt.state.nh.us).gov
- RSA 625:8 - Criminal Limitations(gencourt.state.nh.us).gov
- RSA 539:8 - Trespass Limitation of Actions(gencourt.state.nh.us).gov
- RSA 508:4-g - Actions Based on Sexual Assault(gencourt.state.nh.us).gov
- RSA 508:4-b - Damages From Construction(gencourt.state.nh.us).gov
- RSA 508:9 - Defendant's Absence (Tolling)(gencourt.state.nh.us).gov
- RSA 508:8 - Disabilities (Minor/Incompetent Tolling)(gencourt.state.nh.us).gov
- RSA 508:2 - Real Actions (Property Recovery)(gencourt.state.nh.us).gov
- RSA 507-D:2 - Product Liability Limitation(gencourt.state.nh.us).gov
- RSA 556:11 - Wrongful Death Actions(gc.nh.gov).gov
- RSA 633:7 - Trafficking in Persons(gc.nh.gov).gov