Michigan Statute of Limitations: Deadlines by Case Type

Michigan's statutes of limitations establish mandatory filing deadlines that determine whether a civil claim or criminal prosecution can proceed in court. These deadlines vary by case type and are codified primarily under the Michigan Compiled Laws (MCL Chapter 600), with some deadline provisions appearing in case-specific statutory chapters. Missing a deadline extinguishes the right to sue regardless of the underlying merits, making these cutoff dates among the most consequential procedural facts in Michigan litigation.

Definition and scope

A statute of limitations is a legislatively enacted time window within which a plaintiff must file a lawsuit or a prosecutor must initiate charges. In Michigan, civil limitations periods are primarily governed by MCL §600.5801 through §600.5867 (Michigan Legislature — MCL Chapter 600), while criminal limitations periods appear in MCL §767.24. The clock generally begins running from the date the cause of action accrues — the point at which all elements of the claim exist and the plaintiff knows, or reasonably should know, of the harm.

Geographic and legal scope coverage: This page covers statutes of limitations as they apply to civil and criminal matters filed in Michigan state courts. Federal claims filed in the U.S. District Courts for the Eastern or Western Districts of Michigan operate under separate federal statutes and applicable federal borrowing rules. Tribal court proceedings governed by sovereign tribal law — an area addressed in Michigan Tribal Law and Sovereignty — are not covered here. Cases involving exclusively federal question jurisdiction under 28 U.S.C. §1331 fall outside this page's scope.

For broader procedural context, the regulatory context for the Michigan legal system explains how these rules interact with the Michigan Court Rules (MCR) and administrative law.

How it works

Accrual and the discovery rule

The limitations period begins at accrual. Michigan courts apply a discovery rule in certain case categories — most notably medical malpractice — where the period does not start until the plaintiff discovers, or through reasonable diligence should have discovered, the injury and its cause. This rule is codified at MCL §600.5838a for medical malpractice claims.

Tolling

Tolling pauses the clock under conditions defined by MCL §600.5851 through §600.5856. Recognized tolling events in Michigan include:

1. Minority — The plaintiff is under 18 at the time the cause of action accrues; the period is tolled until the minor turns 18, subject to case-type maximums.
2. Legal disability — Mental incapacity recognized under MCL §600.5851 tolls the period for the duration of the disability.
3. Fraudulent concealment — If the defendant actively conceals the existence of the claim, MCL §600.5855 tolls the period until the plaintiff discovers or should have discovered the claim.
4. Absence of the defendant — If the defendant is absent from Michigan, that absence period may not count against the limitations clock under MCL §600.5853.
5. Voluntary dismissal and re-filing — Michigan Court Rules allow limited re-filing windows in some circumstances, but these do not extend the underlying statutory period.

Effect of expiration

Once the limitations period expires, the claim is time-barred. Under Michigan civil procedure (MCR 2.116(C)(7)), a defendant may move for summary disposition on the ground that the statute of limitations has run, and courts are required to dismiss the action if the period has expired without exception.

Common scenarios

Statutory deadlines by case type (MCL Chapter 600 and related chapters)

Medical malpractice — contrast with general personal injury

Medical malpractice claims in Michigan carry a 2-year limitations period under MCL §600.5838a, compared to the 3-year period for general personal injury under MCL §600.5805(2). Additionally, malpractice claims are subject to a 6-year absolute outside limit (a "statute of repose") from the date of the negligent act, regardless of when the injury is discovered — a hard cap with no discovery exception. General personal injury claims do not carry an equivalent repose period. Michigan Personal Injury Law covers the substantive elements that trigger these filing clocks.

Criminal statutes of limitations

Under MCL §767.24, Michigan criminal limitations periods are:

• Murder — No limitation period
• Sexual assault (certain offenses) — No limitation period if DNA evidence establishes identity
• Felonies (general) — 6 years
• Misdemeanors — 6 years (certain lesser misdemeanors, 2 years)

Criminal procedure rules governing how these periods interact with charging documents are addressed in Michigan Criminal Procedure.

No-fault insurance claims

Michigan's no-fault insurance framework imposes its own statutory deadlines independent of the general limitations statute. Personal Injury Protection (PIP) benefit claims must be filed within 1 year of the date of accident under MCL §500.3145, as amended by the 2019 no-fault reform legislation. This is distinct from the 3-year period applicable to residual liability tort claims under the same system. The Michigan No-Fault Insurance Law page addresses the full structure of this framework.

For claims arising from landlord-tenant disputes, the applicable period depends on whether the claim sounds in contract (6 years) or tort (3 years). Michigan Landlord-Tenant Law covers the factual circumstances that determine that classification.

Decision boundaries

Identifying the correct accrual date

The single most contested factual issue in limitations disputes is when the cause of action accrued. Michigan courts applying the discovery rule require plaintiffs to demonstrate that diligent inquiry would not have uncovered the injury earlier. Courts have held — in line with the Michigan Supreme Court's interpretations of MCL §600.5838a — that constructive knowledge, not actual awareness, starts the clock.

Comparing the 2-year medical malpractice period to the 3-year personal injury period

A claim that could be characterized as either general negligence or professional malpractice faces significantly different deadlines. Michigan courts have ruled that if a claim requires proof of professional medical judgment, it is a malpractice claim subject to the 2-year limit and the separate notice-of-intent requirement under MCL §600.2912b, which mandates a 182-day pre-suit notice period before filing. No equivalent notice requirement applies to general personal injury actions.

Wrongful death: a distinct accrual point

Wrongful death claims under MCL §600.5852 accrue at the date of death — not the date of the underlying injury or negligent act. This distinction means a 3-year personal injury claim that might otherwise have expired can survive if the plaintiff died within the original limitations window, giving a new 3-year period from death. Michigan Tort Law covers the elements that determine whether a wrongful death claim relates back to an underlying cause.

Federal borrowing and federal claims in Michigan

Claims brought under 42 U.S.C. §1983 (civil rights) in Michigan federal courts borrow Michigan's 3-year personal injury period by federal common law, as established by the U.S. Supreme Court's framework. However, federal accrual doctrine — not Michigan discovery rules — governs when the clock starts for §1983 claims. This federal overlay is part of the landscape described on the Michigan Legal Services Authority index.

Interaction with administrative prerequisites

Certain claims require exhaustion of administrative remedies before the limitations clock becomes relevant. Employment discrimination claims under the Michigan Elliott-Larsen Civil Rights Act (MCL §37.2101 et seq.) involve filing deadlines with the Michigan Department of Civil Rights (MDCR) that operate separately from — and can affect — the judicial limitations period. Michigan Civil Rights Law and Michigan Employment Law Overview address these parallel tracks.

Statute of repose vs. statute of limitations

Michigan distinguishes between a statute of limitations (which can be tolled) and a statute of repose (which generally cannot). The 6-year repose period in medical malpractice under MCL §600.5838a(2) is an absolute bar. Product liability claims face a 10-year statute of repose