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What Is the Statute of Limitations in Idaho?
A statute of limitations is simply the time frame specified by law within which a prosecutor or plaintiff may file a criminal or civil suit in court. The Idaho Code specifies varying statutes of limitations for different civil and criminal case types. In Idaho, lawsuits filed after the prescribed statute of limitations are usually referred to as “time-barred” cases and may not be considered for trial in a legal proceeding.
In Idaho, statutes of limitations are very important because they ensure the credibility and authenticity of evidence and witness testimonies presented in either civil or criminal proceedings. They ensure that a fair trial is achieved by preventing the loss or tampering of evidence/testimonies to be presented in a trial proceeding.
How Long Is the Statute of Limitations in Idaho?
The timeframe required to bring a case to trial in Idaho largely depends on the case type, severity, and specificity of the case. For instance, civil cases usually have shorter time limits for filing a lawsuit in Idaho when compared to criminal suits.
Civil cases such as personal injury claims, professional malpractice, trespass on real property, or slander may have statutes of limitations ranging from two to three years. Whereas most criminal cases, such as misdemeanors or certain felonies, may have statutes of limitations ranging from three to five years to indefinitely. In addition, serious felonies like rape or murder do not have any statute of limitations attached to them.
Certain circumstances may also influence the time limit for bringing a case to trial in Idaho. For instance, cases involving minors, mentally incompetent persons, or persons with disabilities that make them unable to file a suit within the stipulated timeframe may be granted additional time. The table provided below contains a summary of the statutes of limitations prescribed by law for various criminal and civil actions in Idaho.
| Case Type | Statute of Limitations | Notes |
|---|---|---|
| Civil Suits | Two to ten years | The time starts counting from the date of the incident or discovery( as prescribed by the discovery rule). Legal disabilities (such as mentally unstable, underage plaintiffs, or legally incompetent persons) may initiate a toll or pause on the statute of limitations |
| Felonies | Five years | Certain felonies like murder, manslaughter, rape, or sexual abuse involving minors do not have statutes of limitations. They can be prosecuted at any time The clock for the statute of limitations may be tolled if the defendant is out of state or there is an indictment |
| Misdemeanors | One to five years |
What Crimes Have No Statute of Limitations in Idaho
Most civil and criminal cases in Idaho have statutes of limitations attached to them. However certain serious felonies are exempted from such statutes of constraints. This means that the plaintiff in any of these exempted cases may file a lawsuit any time after the incident occurs.
Crimes with no statute of limitations in Idaho are classified as such due to the severity of harm inflicted on the victims, the effects of the crime on society, the need to uphold high moral standards, and to ensure justice is fairly served. These crimes without statute of limitations are considered so severe that the need to prevent the submission of stale evidence or preserve memories from witness testimonies is outweighed. Defendants involved in any of these crimes may be prosecuted at any time in Idaho. Common crimes in Idaho without a statute of limitations include:
- Murder
- Voluntary manslaughter
- Rape(excluding statutory rape)
- Sexual abuse involving minors or children
- Obscene conduct around a child or minor
- Acts of terrorism
Criminal Statute of Limitations in Idaho
The criminal statute of limitations in Idaho determine how long the state has to bring charges against a defendant after a crime is committed. The statute of limitations ensures that criminal cases are prosecuted when the evidence is still fresh and not left to the convenience of law enforcement agencies.
Misdemeanor statute of limitations in Idaho usually range between one to two years, except in cases of fraud or public fund misuse (may extend to five or six years). The felony time limits in Idaho, on the other hand, generally begin from five years after commission or discovery. However, felonies like murder, manslaughter, or rape do not have time limits for prosecution. These time limits for either felonies or misdemeanors may be paused or tolled if the defendant is unavailable, not within the state at the time of prosecution, or an indictment is presented in court.
Examples of specific criminal cases and their statute of limitations are presented in the following table:
| Criminal Case Type | Statute of Limitations |
|---|---|
| General felonies like burglary, grand theft, and larceny | Five years (§19-402) |
| Severe felonies are listed in the statute Murder Voluntary Manslaughter Rape Acts of Terrorism | None (§19-401) |
| Misdemeanors | One year (§ 19-403) |
| Fraud Misuse of public funds | Three years (§ 5-218) Five years (§ 18-5702) |
| Sexual exploitation related to medical malpractice | Two years (§ 19-406) |
| Crimes against children and minors including: Sexual abuse, obscene conduct, and rape involving minors and children below 16 years old Ritualized abuse of a child or female genital mutilation Other sexual crimes and assaults against minors Failure to report abuse, neglect, or abandonment of a child | None (§19-401) Three years (§ 19-402) Five years ( usually starts counting after their 18th birthday or date of discovery after they reach adulthood) Four years (§ 19-403) |
Is There a Statute of Limitations on Attempted Murder?
Per Idaho Code Section 18-4015, attempted murder is classified as a felony just like Murder. This means that attempted murder is generally prosecuted like murder cases, and ideally, there is no statute of limitations for attempted murder in Idaho. However, the Idaho Code does not categorically specify how long someone can be charged for attempted murder in Idaho. In addition, the contributing factors and case peculiarity may also influence the length of time the state has to bring charges against a defendant for attempted murder.
Statute of Limitations on Sexual Assault in Idaho
The sexual assault statute of limitations in Idaho depends largely on the age of the victim at the time of the incident or its discovery and the severity of the crime. Generally, adult victims have between two (misdemeanor) and five (felony) years to file sexual abuse claims in Idaho, with the exception of rape. However, the clock may be tolled if the defendant is not currently residing in the state or if the plaintiff has certain disabilities such as mental incompetence.
For minors and children below 16 years, there is no statute of limitations for rape, lewd conduct, and sexual abuse/exploitation. Other sexual crimes against minors, like ritualized abuse or sexual battery, may have statutes of limitations ranging from one to five years, depending on the severity of the crime. Notwithstanding, there is a five-year rape reporting deadline in Idaho for victims of sexual assaults (excluding the no limit crimes mentioned earlier) who were minors to file a suit in court. This prosecuting time clock begins to run from their 18th birthday or the discovery period (I.D. Code § 6-1704(1)).
Civil Statute of Limitations in Idaho
The civil statute of limitations in Idaho regulates how long a plaintiff has to file a civil complaint with a court. If a plaintiff fails to file a civil suit within the stipulated timeframe, such a case may be dismissed by the court of jurisdiction unless certain conditions and exceptions are met. In the case of legal disabilities like age, insanity, or incarceration, the plaintiff may not have more than six years from the end of the disability to file a civil suit.
How long one has to sue in Idaho is determined by the case type and the presence or absence of legal disabilities. A case’s statute of limitations may be paused if the victim is disabled or if the discovery could not have been made earlier under the “discovery rule”. Researching and following civil lawsuit deadlines in Idaho helps plaintiffs obtain the necessary justice and fair trial they deserve.
The civil statute of limitations in Idaho for various case types is outlined below:
| Civil Claim Type | Statute of Limitations | Section of the Idaho Code |
|---|---|---|
| Personal injury Negligence Medical malpractice Wrongful death Product liability | Two years | §5-219(4 & 5) |
| Defamation Libel Slander | Two years | §5-219(5) |
| Enforcement of contracts Oral contracts Written contracts | Four years Five years | §5-217 §5-216 |
| Fraud | Three years | § 5-218 |
| Property Damage Trespass on real property Loss of personal property | Three years | § 5-218 |
| State actions on real estate | Ten years | § 5-202 |
| Other civil suits not listed in the statute | Four years | § 5-224 |
| Breach of contract for sale | Four years | §28-2-725 |
Statute of Limitations for Medical Malpractice in Idaho
The Idaho Code specifies how long to sue a doctor in Idaho for medical malpractice. Under §5-219(4 & 5) of the Idaho Code, the medical malpractice statute of limitations in Idaho is two years from the date of the incident or the last date of treatment.
However certain exceptions may apply to the malpractice claim deadline in Idaho. For instance, if a foreign object was left in the victim's body or the defendant, in a bid to evade responsibility, conceals the damage done to the victim. In such cases, the statute of limitations starts counting from the date of the discovery or when it was supposed to have been discovered according to the “discovery rule”. In addition, victims who were minors at the time of the incident are allowed up to six years from their 18th birthday to file a malpractice suit.
Idaho law mandates a plaintiff intending to file a malpractice suit to first undergo a “prelitigation screening” process by submitting a claim to a hearing panel assembled by the State's Board of Medicine (Idaho Code section 6-1001). The panel is expected to come up with a decision within 90 days except both parties agree to extend it by an additional 30 days(Idaho Code 6-1011).
Some common examples of medical malpractice cases in Idaho are provided in the table below:
| Medical Malpractice Type | Examples |
|---|---|
| Birth injury | Negligence in handling delivery resulting in damage to the child or mother Not ordering a C-section when necessary |
| Surgical Error | Leaving a foreign object in the patient's body Operating the wrong part of the patient's body Administering too little or too much anesthesia Damaging or puncturing a tissue, blood vessel or organ |
| Delayed diagnosis/Misdiagnosis | Giving treatment for the wrong ailment Not discovering or diagnosing a patient on time |
| Failure to treat | Releasing or discharging a patient too early Not following up with side effects of prescriptions |
| Invasive treatment | Failure to receive consent Failure to explain risks involved in treatment |
| Medication Error | Prescribing the wrong medicine or wrong dosage |
Statute of Limitations for Debt in Idaho
Generally, the debt statute of limitations in Idaho is four years for oral contracts and five years for written contracts. How long a debt can be collected in Idaho depends on the type of debt, the payment date and if there is a written acknowledgement of the debt. If a defaulter makes a partial payment or provides a promissory note acknowledging the debt, the statute of limitations for the debt can be reset. This provides the creditor more time to sue for debt recovery.
Although there is a general statute of limitations for debt claims, unpaid credit card debts in Idaho will typically reflect on the defaulters credit report for a period of seven years from the date of last payment (Fair Credit Report Act).
The specific statute of limitations for various types of debts are highlighted below.
| Debt Type | Statute of Limitations |
|---|---|
| Personal loans Auto loans Medical bills Credit card debts | Four years(oral contracts) and five years (written contracts or promissory notes) |
| Medical bills | Five years |
| Oral contracts Breach of contract for sale under UCC | Four years |
| Written contracts or promissory notes | Five years |
| Judgements Foreclosure on mortgage | Five to six years( can be extended by another five years) Five years from the date of maturity |
Statute of Limitations for Child Abuse and Child Support in Idaho
In Idaho, criminal child abuse offenses such as rape, lewd conduct, or sexual assault do not have any statute of limitations. However, the child abuse statute of limitations in Idaho for crimes such as ritualized abuse, female genital mutilation, and neglect ranges between two and five years. To file a civil suit, minors who were victims of child abuse have between two and six years from their age of maturity to bring the case to court.
For child support enforcement in Idaho, there is no general statute of limitations. This means that the obligor must continue to make payments until the child reaches adulthood. For child support arrearages, the law prescribes a five-year period for filing a motion, which begins from when the child reaches adulthood or from the date of the child's death; if the child died before reaching adulthood (I.D. code § 5-245).