Statute of Limitations Arizona Statute of Limitations, Civil Actions

The Arizona Statute of Limitations for civil actions sets a time limit after an injury or civil wrong occurs, during which an injured party can file a lawsuit. After that period of time expires, the injured party is no longer permitted to file a claim in an Arizona state court to litigate that matter. The statute ensures that lawsuits that have merit and worthy of being heard are filed within a reasonable time or not at all.

How Does the Statute of Limitations Operate?

The period of time to file a claim will vary depending upon the type of incident that occurred. A claim against a doctor for medical malpractice may be for a different length of time than against an accountant for negligence or fraud. The Arizona statute of limitations can be found in the Arizona Revised Statutes, Title 12 and covers the following rules and exceptions in greater detail.

When does the Arizona Statute of Limitations Begin?

Other than for specific exceptions, the Arizona statute of limitations generally begins to run at the time when a "cause of action arises" - in other words, at the time when an injury occurs that would qualify for a lawsuit to be filed in an Arizona state court.

What is the Discovery Rule?

There are times when a person is unable to discover that they have been injured. As a result, in some instances the Arizona statute of limitations begins to run from the time the injured party discovers or should have discovered that they have been injured. Please check the statute carefully whether this might be the case or have a consultation with an experienced Arizona attorney.

Delaying or Tolling the Arizona Statute of Limitations

In certain circumstances, fairness would require that the statute of limitations be delayed for a period of time. A party may not have the ability to bring a case even though they are aware of an injury or damages. Delaying or "tolling" the statute of limitations might occurs when the plaintiff is "disabled" or unable to bring a lawsuit as a matter of law, such as being mentally incompetent. Once the disability ends, the statute of limitations begins to run.

Calculating the length of time that a plaintiff has to file a lawsuit can be complicated and may involve multiple factors and exceptions. Please review the statue carefully or consult with an experienced Arizona attorney before coming to any firm conclusions about the statute of limitations.

Arizona State Statutes: Arizona Revised Statutes

Personal Injury and Negligence

• §12-541. Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation.
• §12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation.

Medical Malpractice

2 years. See §12-542

Negligence

2 years. See §12-542

Wrongful Death

2 years. See §12-542

Contracts

• 6 years for written contracts, 3 years for oral contracts. See §12-548 and §12-543(1)
• Breach of Contract for Sale (under UCC) 4 years. See §12-544(4) and §47-2725(A)
• Breach of Employment Contract, Oral or Written 1 year §12-541(3)

Libel / Slander / Defamation

1 year. §12-541 (Be aware of date of publication issues)

Legal and Professional Malpractice

2 years.

Consumer Fraud

1 year. See §12-541

Fraud

3 years. §12-543(3)

Employment - Wrongful Termination

1 year. See §12-541

Personal Property Damages

2 years. §12-542

Trespass and Property Damage

2 years. §12-542(3)

Debt Collection Accounts

Generally 3 years. See §12-543(2)

Credit Card Debt

6 years, §12-548(A)(2)

Judgment Enforcement

4 years on foreign judgments. See §12-544(3)

Conversion

2 years, §12-542(5)

Mechanics Liens

120 days after date of completion date or 60 days after recording notice of completion, 6 months to enforce lien

• 33-998. Limitation of action to foreclose lien; attorney fees
• 33-993. Procedure to perfect lien; notice and claim of lien; service; recording; definitions

Comparative Negligence

Yes - the comparative negligence rule has been adopted. Plaintiff's claim fails in an auto accident case where plaintiff is under the influence of alcohol or drugs and is found to be at least 50% or more liable for the accident.

Disabilities

Generally, infancy / minors ( up until 18th birthday). The Arizona statute of limitations does not begin to run until all disabilities have been removed in some instances.

Liability of the State of Arizona and Municipalities

A notice of claim must be filed within 180 days from the date of the incident. While sovereign immunity may apply, there are exceptions and limitations that apply.

• 180 days to file formal claim;
• Lawsuit must commence within one year. (§ 12-821 and § 12-821.01.)

Consumer Fraud Complaints

Arizona Office of the Attorney General, Consumer Protection

Telephone:
(602) 542-5763 (General)
(602 )542-5025 (Phoenix)
(520) 628-6504 (Tucson)
(800) 352-8431 (AZ toll-free)

Please Take Note: The statute of limitations laws presented are strictly provided to you "as-is". While we believe that the legal information is accurate as of the date created, we cannot and do not provide any guarantee, analysis or conclusions. The law may have changed since this article was published. The only way to ensure that the statute of limitations law you are reading is up to date and applies to your specific issue, is to have a legal consultation with an attorney licensed to practice law in the state of Arizona.[/HEADING]