Arizona Statute of Limitations: Civil and Criminal Deadlines

Arizona's statute of limitations laws establish firm deadlines for filing civil lawsuits and initiating criminal prosecutions. These deadlines vary significantly by claim type, ranging from 1 year for defamation actions to no deadline at all for first-degree murder charges. Missing a filing deadline generally results in permanent loss of the legal right to pursue a claim or prosecution, making these time limits among the most consequential procedural rules in the Arizona legal system.

Definition and scope

A statute of limitations is a legislatively enacted deadline that fixes the maximum period within which a legal action must be commenced after the cause of action accrues. In Arizona, these deadlines are codified primarily in Arizona Revised Statutes (A.R.S.) Title 12 for civil matters and A.R.S. Title 13 for criminal offenses.

The term "accrual" is critical: a limitations period typically begins running on the date the plaintiff discovers, or reasonably should have discovered, the harm — not necessarily the date the harm occurred. Arizona follows a "discovery rule" in certain contexts, particularly in medical malpractice and fraud cases, which can delay the start of the limitations clock.

Scope of this page: This reference covers civil and criminal statutes of limitations under Arizona state law as enacted in A.R.S. Title 12 and Title 13. It does not address federal claims filed in the U.S. District Courts for Arizona, tribal court jurisdiction over matters arising under tribal law, or claims governed by federal statutes such as Section 1983 civil rights actions (which borrow Arizona's 2-year personal injury period but are governed by federal law). For the broader procedural framework governing civil filings, see Arizona Civil Procedure Basics.

How it works

The limitations period is triggered by accrual, runs continuously unless tolled, and terminates the right to file when it expires. The sequence operates as follows:

1. Accrual — The cause of action arises. For most torts this is the date of injury; for contract breaches it is the date of breach; for fraud or latent injuries it may be the date of discovery.
2. Tolling — Certain conditions pause the running of the clock. Arizona law recognizes tolling for minority (the period is suspended until a minor turns 18), legal disability, fraudulent concealment by the defendant, and absence of the defendant from the state (A.R.S. § 12-502, § 12-504).
3. Filing — A lawsuit or criminal charge must be filed before the period expires. In Arizona civil practice, filing is complete upon submission to the clerk; service of process is a separate requirement.
4. Expiration — Once the period expires without filing, the claim is time-barred. Courts are required to dismiss time-barred claims when properly raised as an affirmative defense under Arizona Rules of Civil Procedure, Rule 8(c).

The discovery rule modifies step 1 for specific claim categories. Under A.R.S. § 12-542, a 2-year period for personal injury begins upon discovery of the injury and its cause.

Common scenarios

Civil Limitations Periods (A.R.S. Title 12)

Criminal Limitations Periods (A.R.S. Title 13)

Arizona's criminal statutes of limitations are set out in A.R.S. § 13-107:

• No limitation: First-degree murder, second-degree murder, sexual conduct with a minor under 15, and other serious felonies enumerated in § 13-107(B).
• 7 years: Most Class 2 through Class 6 felonies not subject to an extended or eliminated period.
• 1 year: Misdemeanors.
• 6 months: Petty offenses.

A key contrast: civil limitations periods are primarily plaintiff-protective (they protect defendants from stale claims), while criminal limitations periods serve both defendants' rights and prosecutorial efficiency — first-degree murder has no deadline because Arizona law treats the gravity of the offense as overriding the staleness concern.

For an overview of how criminal charges progress once filed, see Arizona Criminal Procedure Overview.

Decision boundaries

Determining which limitations period applies — and whether it has run — requires classification across three axes:

1. Civil vs. criminal nature of the claim
A single incident can generate both a civil tort claim and a criminal charge, each governed by different limitation periods. An assault, for example, carries a 2-year civil period under A.R.S. § 12-542 and a 7-year criminal period for felony assault under A.R.S. § 13-107.

2. Accrual date disputes
When a defendant contests when the plaintiff discovered or should have discovered the harm, courts apply an objective "reasonable person" standard. Arizona courts have addressed this question in the context of construction defect claims under A.R.S. § 12-552, which imposes an 8-year statute of repose for latent defects — a hard outer deadline that runs regardless of discovery.

3. Tolling eligibility
Not every disability tolls the period. Arizona courts have held that attorney error alone does not constitute a basis for equitable tolling. Confirmed tolling triggers under A.R.S. § 12-502 through § 12-504 include minority, insanity, and defendant's absence from Arizona.

Statute of limitations vs. statute of repose: These are distinct instruments. A statute of limitations is tolled by discovery; a statute of repose — such as the 8-year construction defect repose under § 12-552 or the 12-year outer cap in § 12-564 for medical malpractice — is an absolute cutoff that extinguishes the claim regardless of when harm was discovered. Attorneys handling construction or medical claims must track both periods concurrently.

For a broader reference on Arizona's legal services landscape, the Arizona Legal Services Authority index provides access to jurisdiction-specific resources across practice areas.

References

• Arizona Revised Statutes Title 12 – Civil Statutes of Limitations (Arizona Legislature)
• Arizona Revised Statutes § 13-107 – Criminal Statute of Limitations (Arizona Legislature)
• Arizona Revised Statutes § 12-542 – Personal Injury Two-Year Period
• Arizona Revised Statutes § 12-548 – Written Contract Six-Year Period
• Arizona Revised Statutes § 12-564 – Medical Malpractice Limitations
• Arizona Revised Statutes § 12-552 – Construction Defect Statute of Repose
• Arizona Rules of Civil Procedure (Arizona Supreme Court)
• Arizona Court System – Self-Service Center (Arizona Judicial Branch)