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What Is the Statute of Limitations in Maine?
The statute of limitations in Maine is a legal deadline determining how long someone can bring a lawsuit against another person or for the state to bring criminal charges. These deadlines exist to ensure fairness in the legal process by helping preserve evidence, securing reliable witness testimony, and preventing claims from lingering indefinitely.
Civil and criminal cases have different timeframes depending on the type of claim or offense. For example, personal injury claims must usually be filed within six years, while misdemeanors must be prosecuted within two years. More serious crimes like murder have no time limit.
How Long Is the Statute of Limitations in Maine?
The statute of limitations in Maine sets the maximum time to take legal action, both civil and criminal. In civil cases, most personal injury and contract claims must be filed within six years, while medical malpractice has a three-year limit and defamation only two years. Property damage claims also follow the six-year rule. Civil actions can be affected by discovering hidden injuries, tolling for minors, or other special circumstances. Once a judgment is won, it can be enforced for up to 20 years. For criminal cases, murder has no statute of limitations, attempted murder generally must be prosecuted within six years, most other felonies have a six-year limit, and misdemeanors must be filed within two years. The clock can pause if the suspect leaves the state or conceals the crime. Knowing these time limits for filing a lawsuit in Maine is critical to protecting a person’s rights and ensuring legal action is timely.
The table below summarizes the statute of limitations for various case types in Maine:
| Case Type | Statute of Limitations |
|---|---|
| Most civil actions | 6 years |
| Felonies | 6 or 20 years |
| Misdemeanors | 3 years |
| Murder, 1st or 2nd-degree criminal homicide | none |
What Crimes Have No Statute of Limitations in Maine
Some crimes in Maine have no statute of limitations (Maine Criminal Code 17-A § 8(1)). Such crimes are considered so severe that they are prosecuted at any time in Maine, regardless of how much time has passed since the offense occurred. Examples of crimes with no statute of limitations in Maine are:
- Incest
- Murder
- Unlawful sexual contact
- Unlawful sexual touching
- Rape or gross sexual assault
- 1st or 2nd-degree criminal homicide
- Sexual abuse or exploitation of a minor
Criminal Statute of Limitations in Maine
Maine prosecutors can only bring charges against a suspect during the statute of limitations for the alleged crime. Once this period expires, the accused cannot be prosecuted. Criminal statute of limitations in Maine varies depending on the type of crime (Maine Criminal Code 17-A § 8). For example, most felony time limits in Maine are within six years of the alleged crime. However, those involving murder or sexual assault of a minor have no statute of limitations. The misdemeanor statute of limitations is three years. A criminal statute of limitations will not run if:
- The accused is not in Maine. The statute of limitations will be extended for 5 years.
- The accused has a pending prosecution for the same crime based on the same conduct.
- There is a pending prosecution against the accused for the same juvenile crime based on the same conduct in the Juvenile Court.
The table below provides some examples of criminal statute time limits in Maine:
| Offense | Statute of Limitations |
|---|---|
| Murder, 1st or 2nd-degree criminal homicide | none |
| Class A, Class B, or Class C crimes involving unlawful sexual contact or gross sexual assault | 20 years |
| Other felonies, Class A, Class B, or Class C crimes | 6 years |
| All Class D and Class E misdemeanors crimes | 3 years |
Is There a Statute of Limitations on Attempted Murder?
Yes. Attempted murder is not treated the same as murder under Maine’s statute of limitations rules. The general statute of limitations for Class A, B, and C crimes applies to attempted murder because it is classified as a serious felony, but not homicide itself. The statute of limitations for attempted murder in Maine is 6 years (Maine Criminal Code 17-A § 8). Exceptions can occur if the suspect was out of state or new evidence is discovered.
Statute of Limitations on Sexual Assault in Maine
According to Maine Criminal Code 17-A § 8 and Maine Revised Statutes 14 § 752-C, prosecutions for sexual assault may be commenced at any time. This is because the sexual assault statute of limitations in Maine does not exist. Generally, any crime involving incest, sexual abuse of a minor, unlawful sexual contact, rape or gross sexual assault, sexual exploitation of a minor, or unlawful sexual touching can be prosecuted regardless of how much time has passed since the offense occurred. Anyone filing sexual abuse claims in Maine can do so anytime.
Civil Statute of Limitations in Maine
One of the most important things to know when considering a civil lawsuit is the statute of limitations. Missing the civil lawsuit deadlines in Maine can prevent a plaintiff from pursuing compensation, no matter how strong their claim may be. The civil statute of limitations in Maine varies depending on the case type. For example, the deadline for filing personal injury claims is six years from the injury date (14 M.R.S. § 752). Defamation cases, such as libel and slander, must be filed within two years of the defamatory statement (14 M.R.S. § 753).
According to the Maine Civil Court Procedure, the following civil statute of limitations apply in the state.
| Claim Type | Statute of Limitations | Section (§) of the Maine Civil Code |
|---|---|---|
| Slander, libel Assault, battery, false imprisonment Victims of crime in a suit against the offender | 2 years | Maine Revised Statutes 14 § 753 |
| Written contracts Real property actions | 20 years | Maine Revised Statutes 14 § 751 |
| All civil actions for professional negligence against a professional land surveyor | 10 years | Maine Revised Statutes 14 § 752-D |
| All civil actions for malpractice against engineers or architects | 4 to 10 years | Maine Revised Statutes 14 § 752-A |
| All civil actions | 6 years | Maine Revised Statutes 14 § 752 |
| Sexual acts towards minors | No limitations | Maine Revised Statutes 14 § 752-C |
Statute of Limitations for Medical Malpractice in Maine
The general medical malpractice statute of limitations in Maine is three years (24 M.R.S. § 2902). A malpractice claim (or professional negligence) must be filed within 3 years of the act or omission that caused the injury. For minors, the deadline is six years from accrual or three years after reaching majority, whichever comes first. Maine does not use a broad discovery rule for medical malpractice. The main discovery-style exception is when a foreign object is left in the body. Then the clock starts when the patient discovered or reasonably should have discovered the harm.
Before a person can commence an action for professional negligence in Maine, they must file a written notice of claim (under oath) with the Superior Court (24 M.R.S. § 2853). They must also participate in a prelitigation screening panel. Per 24 M.R.S. § 2859, the malpractice claim deadline in Maine is tolled from the date notice of claim is served or filed in Superior Court until 30 days after the claimant receives notice of the findings of the panel.
The table below outlines common medical malpractice cases in Maine:
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Intubation mistakes Equipment malfunctions Incorrect dosages of an anesthetic Failure to monitor a patient's vital signs Administering the wrong medication |
| Medication Errors | Omission Prescribing Unauthorized medication Wrong dose prescription Wrong time or Improper dose Administration errors, such as administering the drug to the wrong patient. Monitoring errors, such as failure to document an allergy Compliance errors, such as not following protocol or rules established for dispensing and prescribing medications |
| Surgical Errors | Performing the wrong procedure Anesthesia errors during surgery Performing surgery on the wrong location Leaving surgical equipment inside the patient |
| Misdiagnosis/Delayed Diagnosis | Misinterpreted test results Delayed treatment of a patient due to misdiagnosis The progression of a serious illness without being correctly identified Prescribing the wrong medication to a patient due to their being misdiagnosed with a different condition. |
Statute of Limitations for Debt in Maine
The debt statute of limitations in Maine falls under the general statute of limitations for contracts. According to 14 M.R.S. § 752, creditors have six years from the date of the last payment or written acknowledgment of the debt to file a lawsuit in court. If a person defaults on a loan or stops paying their credit card bill, the creditor has six years to take legal action against them.
The table below highlights the different statutes of limitation for different types of debt:
| Type of Debt | Statute of Limitations |
|---|---|
| Written contracts | 20 years |
| Unpaid credit card debt Maine | 6 years |
| Personal loans | 6 years |
| Auto loans | 6 years |
Statute of Limitations for Child Abuse and Child Support in Maine
There is no child abuse statute of limitations in Maine. This means that victims can report and prosecutors can bring charges at any time, no matter how long ago the abuse occurred. Similarly, unpaid child support does not expire in Maine. Parents who owe back support (called “arrears”) remain legally responsible until the debt is paid in full. The state has broad powers to collect overdue child support through the Maine Division of Support Enforcement and Recovery (DSER). Collection tools include liens on property, wage garnishment, tax refund interception, and suspension of driver’s or professional licenses.