What Is the Statute of Limitations in Ohio?

The statute of limitations is a law that determines the maximum period a person has to file a lawsuit or initiate criminal charges after an event occurs. However, the court will dismiss the case if it is not filed within this time frame, regardless of the evidence available. Ohio’s Statutes of Limitations apply to both civil and criminal cases, with the time limits varying by case type.

In Ohio, the limitations of actions aim to maintain fairness in legal proceedings by preventing the loss of evidence. They also encourage plaintiffs and prosecutors to act promptly and provide individuals and businesses with a clear point after which they are protected from old claims.

How Long Is the Statute of Limitations in Ohio?

In Ohio, the limitations of actions vary depending on the type and severity of the case. Typically, plaintiffs or prosecutors must file lawsuits or criminal charges within the specified time limits.

The time limit for filing a lawsuit in Ohio generally spans 1 to 6 years, while for criminal offenses, it may range from 6 months to no limit, depending on the severity of the crime. For instance, lawsuits for personal injury and wrongful death must be filed within two years of the incident, whereas claims involving fraud or trespassing have a four-year limitation. In contrast, serious criminal offenses such as kidnapping, aggravated arson, robbery, and manslaughter may be prosecuted within 20 to 25 years, depending on the specific crime.

Ohio law does not set a statute of limitations for murder, aggravated murder, and rape/sexual assault with DNA identification, allowing the state to prosecute these crimes regardless of how much time has elapsed.

What Crimes Have No Statute of Limitations in Ohio

While most cases in Ohio are subject to statutes of limitations, certain serious crimes are exceptions and may be prosecuted at any time, regardless of how many years have passed since the offense occured. These crimes have no statute of limitations because their severity outweighs concerns about deteriorated evidence or diminished recollections.

This legal approach is influenced by factors such as the potential harm to victims, the moral culpability of the offender, and society’s interest in deterring such crimes. Crimes with no statute of limitations in Ohio include:

• Murder and aggravated murder
• Rape with DNA identification
• Some cases of child sexual abuse
• Other severe sexual assaults for which the law imposes no limitation period.

The justice system treats these crimes with the utmost severity and enforces the principle that no amount of time should shield offenders from being held accountable for the most egregious offenses.

Criminal Statute of Limitations in Ohio

The criminal statute of limitations in Ohio establishes the time frame during which the state may prosecute a crime. After this period expires, the case is generally barred from court. According to the Ohio Revised Code Section 2901.13, these limits depend on the severity and type of the offense.

In Ohio, the criminal statute of limitations is divided into several categories, such as:

• Misdemeanors
• Felony
• Offenses not subject to any statute of limitations.

Generally, the misdemeanor statute of limitations in Ohio is two years, and minor misdemeanors have a six-month limitation period. Most felonies must be prosecuted within six years, though serious felonies may extend to 20 to 25 years, and crimes such as murder and rape with DNA identification have no time limit. The statute of limitations may also be paused (tolled) in certain situations, such as:

• When the suspect leaves Ohio
• If the crime is not discovered until later, such as in cases of fraud, the statute of limitations begins at the time of discovery.
• When the victim is a minor, for instance, in child abuse cases, the period may begin when the victim turns 18 or when the abuse is reported.

The table provides examples of criminal statute time limits in Ohio.

Is There a Statute of Limitations on Attempted Murder?

Yes, there is a statute of limitations on attempted murder in Ohio. Under Ohio law, attempted murder is a first-degree felony, and due to no specific statute of limitations being set for this offense, the general six-year limit applies (Section 2901.13, Division (A)(1)(a) of the Ohio Revised Code). This gives the state six years from the date of the crime to file charges.

In contrast, murder and aggravated murder have no statute of limitations in Ohio, allowing the state to bring charges at any time, regardless of when the crime occurred. Exceptions like the suspect leaving the state may lengthen the statute of limitations for attempted murder. Additionally, when an attempted murder includes other serious felonies, such as kidnapping or rape, separate or additional limitation periods may apply to those specific charges.

Statute of Limitations on Sexual Assault in Ohio

The time limits for reporting or prosecuting sexual assault cases in Ohio depend on factors such as:

• The age of the victim when the incident occurred
• The specific type of offense
• The presence of DNA evidence.

Under Ohio law, specific deadlines apply to filing criminal charges in sexual offense cases. Rape and sexual battery have no statute of limitations when DNA evidence identifies the offender. Most other serious sexual offenses carry a 25-year limit, with special discovery rules for cases involving minors. In such situations, the sexual assault statute of limitations in Ohio may be tolled (paused) if the offender leaves the state or if the crime is not discovered immediately.

Victims who want to file civil lawsuits for sexual abuse claims in Ohio must follow these specific time limits:

• Childhood sexual abuse: Victims have 12 years after turning 18 to file a civil lawsuit, meaning they must file the claim before reaching age 30
• Adult sexual abuse: Victims are required to file a civil lawsuit against a known abuser within one year of the incident.

In 2023, Ohio enacted the “Scout’s Honor” law, which extends the statute of limitations for civil claims involving childhood sexual abuse within the Boy Scouts. This measure provides survivors additional time to seek legal action and ensures they may receive full compensation through settlements.

Civil Statute of Limitations in Ohio

The civil statute of limitations in Ohio sets the time limit for filing civil lawsuits. How long you have to sue in Ohio is contingent on several factors, which include:

• The type of claim
• Date of incident
• Age or capacity of the plaintiff
• Discovery rule (if the harm is not immediately noticeable)
• If the defendant leaves the state (tolling).

It is pertinent to understand civil lawsuit deadlines in Ohio, as missing these time limits usually leads to case dismissal, regardless of the strength of the evidence. However, certain exceptions, such as the discovery rule, tolling for minors or incapacitated individuals (ORC § 2305.16), and the Ohio savings statute (ORC § 2305.19), may extend or pause the filing period.

The table summarizes Ohio’s civil statutes of limitations and references the applicable sections of the Ohio Revised Code for each category of civil claim.

Statute of Limitations for Medical Malpractice in Ohio

The statute of limitations for medical malpractice in Ohio sets the time frame within which patients must file legal action against healthcare providers. How long to sue a doctor in Ohio is stipulated under ORC § 2305.113(A); a patient typically has one year from the date of the alleged malpractice to file a lawsuit. A medical malpractice statute of limitations in Ohio may not begin until a patient discovers or should have discovered their injury, especially if the harm is not immediately apparent.

However, Ohio also enforces a 4-year statute of repose, which prevents patients from filing malpractice lawsuits more than four years after the alleged incident, regardless of when the injury is discovered. Ohio law stipulates that patients provide healthcare providers with at least 90 days’ advance notice before filing a malpractice lawsuit. This notice gives the provider an opportunity to investigate the claim and potentially reach a settlement before formal litigation.

Some common medical malpractice cases in Ohio.

Statute of Limitations for Debt in Ohio

The debt statute of limitations in Ohio is the legal time limit that creditors have to file a lawsuit in court to recover unpaid debts. How long a debt may be collected in Ohio depends on the type of debt. These rules are primarily outlined in the Ohio Revised Code §§ 2305.07 and 2305.06.

In Ohio, the statute of limitations for debt lawsuits is 6 years for open accounts (credit cards, medical bills) and 8 years for written contracts (loans, auto loans). When the statute of limitations expires, creditors lose the right to file a lawsuit to collect it. According to the Fair Credit Reporting Act (FCRA), a debt may remain on your credit report for up to 7 years from the date of the first delinquency, even if it may no longer be collected through the courts. Making a payment or admitting the debt in writing may restart the statute of limitations, allowing creditors a new window of time to file a lawsuit.

The table outlines the statute of limitations for various types of debts in Ohio.

Statute of Limitations for Child Abuse and Child Support in Ohio

The child abuse statute of limitations in Ohio varies depending on the severity of the offense and whether the case is criminal or civil. Ohio law imposes no time limit for prosecuting rape or sexual battery when DNA evidence is available. For other serious sexual abuse crimes, the statute of limitations is typically 25 years, often starting from the victim’s 18th birthday if the abuse occurred as a child. The statute of limitations, in specific instances, starts upon discovery of the abuse rather than the actual occurrence.

Under Ohio law, victims of childhood sexual abuse may file civil claims. Typically, they have 12 years from their 18th birthday to initiate a lawsuit, meaning the claim must be filed before they turn 30.

Chapter 3119 of the Ohio Revised Code (ORC) serves as the main legal framework governing child support in Ohio. Child support enforcement in Ohio continues until the child reaches the age specified by the court, usually 18 or 19 if still in high school. Back child support does not expire in Ohio; the obligation continues until the arrears are fully paid. Creditors may collect child support through:

• Wage garnishment (withholding money directly from the non-custodial parent’s paycheck)
• Intercepting tax refunds
• Property liens
• Pursuing legal action against the non-custodial parent.