Statutes of Limitations in Maine: Time Limits for Bringing Court Cases

A "statute of limitations" is a law that limits the time for bringing a case in court. These limits exist for both civil cases and criminal cases. A civil case is one brought by one person against another, usually for money or to resolve a problem between them. A criminal case is one brought by the state against a party, as punishment for breaking a criminal law. Most civil cases must be started within six years. Most serious criminal cases must be started within six years. Minor criminal cases must be started within three years.

For example, in Maine, if you are hurt in a car wreck, you must start a case against the person who hurt you within six years. If you obstructed a public way (a minor criminal offense), the state must bring the case against you within three years.

The chart below lists many of Maine's statutes of limitations. There may be other statutes that don't appear in the chart. But, generally, if there is no specific statute for civil cases, the six-year limit applies.

Beware that there are many exceptions to these rules. Sometimes the clock is not running; the time is "tolled." For example, in most civil cases, if a person was under 18 years old when he was injured, the time doesn't start to run until the person turns 18. In criminal cases the statute doesn't "run" during the time the accused person is out of the State of Maine (up to five years).

For most civil cases if the injured person is:

• a minor,


• mentally ill,


• imprisoned, or


• outside the United States when the injury happened,

the clock doesn't start to run until his situation changes. That is, the statute starts to run when the person turns 18, recovers from the mental illness, is released from prison or returns to the United States.

For criminal cases, the statute does not run:

• while the accused is out of the State of Maine,


• while another case based on the same crime is pending in court, or


• while a juvenile case for the same crime is pending.

Some cases have no statute of limitations. This includes civil cases for sexual acts against minors and criminal cases for:

• murder


• incest


• unlawful sexual contact


• sexual abuse of a minor


• rape


• gross sexual assault

These cases can be brought at any time.

The chart below lists some of the more common statutes of limitation. There are other limits on when you can bring a case. For example, you usually have to give a town notice that you intend to sue within 180 days of an injury. If you have a question about a time limit, don't delay talking with a lawyer.