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What Is the Statute of Limitations in New Hampshire?
A statute of limitations is a legal rule defining the maximum amount of time within which plaintiffs may file a lawsuit or prosecutors may bring criminal charges against someone, depending on the alleged offense. These time limits ensure that evidence and testimony remain fresh and reliable. They also ensure that individuals and businesses are not subject to the threat of lawsuits hanging over them indefinitely. In New Hampshire, the statute of limitations acknowledges that evidence may deteriorate over time (lost or destroyed), a witness’s memory may fade, or a witness may pass away or relocate to another state. Consequently, the statute of limitations seeks to prevent such occurrences by encouraging speedy, fair, and accurate trials.
How Long Is the Statute of Limitations in New Hampshire?
In New Hampshire, the deadline for plaintiffs to file a lawsuit for most civil cases is typically three years from the date of the alleged incident. For instance, civil actions such as personal injury claims (including vehicular accidents), wrongful death claims, product liability claims, and medical malpractice cases typically have a three-year statute of limitations. Other civil actions with a three-year time limit for filing a lawsuit in New Hampshire include libel/slander and fraud. In contrast, plaintiffs have a two-year limit for filing a lawsuit for trespassing in the state.
Although there are several time limits (statutes of limitations) for prosecuting felony cases in New Hampshire, most felonies (Class A and Class B) typically have a six-year limit. The statute of limitations for misdemeanors is one year (three months for violations). Like most states, New Hampshire does not have a time limit for prosecuting murder cases. The statute of limitations for sexual assault of individuals under 18 runs until the victim turns 40 years old (within 22 years of the victim's 18th birthday).
RSA 625:8 (criminal) and RSA 508:4 (most civil actions) outline the time limits for filing a lawsuit in New Hampshire.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 1 year Violations: 3 months Motor vehicle accident violations that result in injury or death: 6 months | Shorter timeframes may apply depending on the severity and type of misdemeanor. |
| Felony | 1to 6 years Murder: No time limit Official misconduct: 2 years Destruction or falsification of evidence, and witness tampering: 1 year Game hunting offense: 3 years Class A or B offense: 6 years | Murder offenses may be prosecuted at any time, and human trafficking within 20 years. Charges for destruction or falsification of evidence are expected to be brought within 1 year of discovery |
| Civil Statutes | 3 years | Exceptions typically apply in cases involving trespassing (2 years), rent (4 years), and civil judgments (20 years) |
What Crimes Have No Statute of Limitations in New Hampshire
In New Hampshire, crimes with no statutes of limitations include murder, attempted murder, providing assistance or concealing murder, and obstructing a murder investigation. Consequently, the state may prosecute an offender regardless of how much time has passed since the crime was committed. New Hampshire law considers murder a grievous offense and believes prosecutors should be able to file charges against perpetrators at any time in New Hampshire. The justification lies in the fact that society has a legitimate interest in ensuring those who commit the most heinous crimes are held accountable.
The absence of a statute of limitations for murder means law enforcement may continue working on “cold cases” that have gone unresolved for a significant period due to a lack of evidence.
Some of the most prevalent crimes in New Hampshire include murder, manslaughter, aggravated and sexual assaults.
Criminal Statute of Limitations in New Hampshire
Criminal statutes of limitations in New Hampshire prescribe time limits for filing criminal charges against a defendant. Prosecutors attempting to bring criminal actions after the expiration of the relevant statute of limitations may have their case dismissed.
Felony Statute of Limitations New Hampshire
Typically, the time limit for most felony offenses in New Hampshire is six years. Such felonies often comprise serious crimes such as aggravated assault, burglary, and certain types of fraud. New Hampshire does not have a time limit for murder cases. Sexual assault of minors (under 18) runs until the victim is 40 years old (within 22 years of the victim's 18th birthday).
Misdemeanor Statute of Limitations New Hampshire
In New Hampshire, misdemeanors are usually less serious offenses with shorter statutes of limitations. Under the misdemeanor statute of limitations, prosecutors are typically expected to bring charges within one year of the alleged crime's commission. However, serious misdemeanors or those involving specific circumstances may have longer statutes of limitations.
Typically, criminal time limits begin running on the date the crime was committed. The "clock" may, however, be paused (or tolled) if a suspect is living out of state, under the age of majority, or attempting to evade law enforcement (such as living under an assumed identity).
Criminal Statutes of Limitations
| Type of problem or case | Deadlines |
|---|---|
| Murder | No deadline (may be prosecuted at any time). |
| Class A or B felony/unemployment compensation crimes | 6 years from the date of the offense. |
| Human trafficking | 20 years from the date of the offense. |
| Misdemeanors (general) | 1 year from the date of the offense. |
| Sexual assault or related crimes when the victim is under 18 | Until 22 years after the victim’s 18th birthday (or the victim’s 40th birthday). |
Is There a Statute of Limitations on Attempted Murder?
There is no statute of limitations for attempted murder in New Hampshire. New Hampshire law views attempted murder in the same way as it does murder cases. Consequently, prosecutors may bring criminal charges against a defendant regardless of how much time has elapsed since the offense was committed.
Statute of Limitations on Sexual Assault in New Hampshire
In New Hampshire, the time limit for prosecutors to file charges for sexual assault committed against an adult is 6 years from the date of the offense. For sexual assault and other associated crimes against victims under 18, prosecutors may bring criminal charges until 22 years after the victim’s 18th birthday (or the victim’s 40th birthday).
On September 18, 2020, the Crime Victims' Rights Enhancement Act (House Bill 705) eliminated time limits for filing sexual abuse claims in New Hampshire. As a result, sexual assault victims of any age may file civil sexual abuse claims at any time, regardless of the passage of time.
Civil Statute of Limitations in New Hampshire
Most civil causes of action in New Hampshire are subject to a three-year statute of limitations (RSA 508:4). These include personal injury, breach of contract, defamation, and property damage. However, some civil lawsuit deadlines differ, such as trespassing (2 years) and enforcing judgments and written contracts (20 years). Failing to file within set timeframes usually results in the court dismissing the case.
The “discovery rule” is the primary exception to the statute of limitations on civil proceedings. Under this rule, civil lawsuit deadlines in New Hampshire do not begin to run at the time of the injury. Instead, it starts when the plaintiff discovers, or reasonably should have discovered, the injury.
| Case | Time Since | The Law |
|---|---|---|
| Injury to a person | 3 years from the date of injury or discovery | §508:4 |
| Libel/Slander | 3 years from the date of the defamatory statement | §508:4 |
| Injury to personal property | 3 years from the date of the damage | §508:4 |
| Trespass | 2 years from the date the trespass occurred | §539:8 |
| Contracts - Written | within 20 years for contracts under seal | §508:5 |
| Contracts - Oral | 3 years from the date of breach | §508:4 |
| Judgments | Creditor must act within 20 years after entry of judgment | §508:5 |
Statute of Limitations for Medical Malpractice in New Hampshire
According to N.H. Rev. Stat. § 508:4, plaintiffs have three years to file their medical malpractice claims in court. This means they have three years from the date the malpractice occurred or from when they discovered the injury to file a lawsuit. New Hampshire courts typically dismiss medical lawsuits that are filed after the state’s medical malpractice claim deadline.
In most cases, the set time limit clock starts on the date of the alleged malpractice. However, the discovery rule is an exception that may help plaintiffs extend the statute of limitations for malpractice claims in New Hampshire. The discovery rule extends the start of the statute of limitations for a personal injury claim until the injured individual knows or reasonably should have known about both the injury and its connection to the defendant's actions. This means that the clock does not begin to run when the damage occurs, but rather when the injury and its cause are reasonably discoverable.
Some common medical malpractice cases in New Hampshire include:
- Misdiagnosis
- Surgical Errors
- Medication Errors
- Birth Injuries
Statute of Limitations for Debt in New Hampshire
In New Hampshire, most types of debts are subject to a three-year statute of limitations. These include written contracts (e.g, bank loans and personal loans with endorsed agreement), oral contracts, promissory notes, open accounts/credit card debt, auto loans, medical bills, and student loans. In contrast, judgments (court verdicts enforcing payment) have a 20-year statute of limitations that is renewable.
Please note that making a partial payment or acknowledging a debt in writing may restart or toll the statute of limitations in New Hampshire.
Debt Statute of Limitations in New Hampshire
| Debt Type | Deadline |
|---|---|
| Credit Card | 3 years |
| Medical | 3 years |
| Student Loan | 3 years |
| Auto Loan | 3 years |
| Personal Loan | 3 years |
| Promissory Note | 3 years |
| Mortgage | 20 years |
| Judgment | 20 years |
Statute of Limitations for Child Abuse and Child Support in New Hampshire
Child Abuse Statute of Limitations New Hampshire
- New Hampshire law allows criminal charges to be filed against a defendant for sexual offenses against minors until the victim turns 40. This translates to 22 years after the victim's 18th birthday.
- New Hampshire does not have a time limit for filing sexual abuse civil lawsuits. The state eliminated the former civil statute of limitations for sexual abuse claims on September 18, 2020. Previously, minors could file a civil lawsuit until their 30th birthday.
Child Support Enforcement New Hampshire
In New Hampshire, the statute of limitations for collecting unpaid child support (also referred to as back support) is 20 years. This means the custodial parent may approach the court or the Bureau of Child Support Services (BCSS) to enforce back support arrears within the set time limit.
The Bureau of Child Support Services (BCSS) typically uses the following administrative tools for the enforcement of child support payments:
- License suspension
- Credit bureau reporting
- Wage garnishment
- Lien placement
- Lottery prize interception
- Passport denial, etc.