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What Is the Statute of Limitations in Iowa?
Statutes of limitations are legal deadlines for plaintiffs to file civil actions and prosecutors to initiate criminal proceedings. In Iowa, once a statute of limitations expires, the underlying claim is no longer legally actionable and, if filed, is typically subject to dismissal.
Iowa Code Chapters 614 and 802 govern the statute of limitations for civil and criminal actions, respectively. The deadlines established by these laws ensure fairness by requiring claims to be pursued within a reasonable timeframe. Additionally, they ensure that claims are based on recent and reliable evidence and witness statements.
How Long Is the Statute of Limitations in Iowa?
In Iowa, the statute of limitations for initiating legal action varies depending on the type of case (civil or criminal) and its severity. For most civil cases, the statute of limitations ranges between 2 and 20 years. For instance, the time limit for filing a lawsuit in Iowa pertaining to personal injury is 2 years.
On the other hand, the statute of limitations for criminal offenses spans from one year to indefinitely for serious offenses. For example, the statute of limitations for a simple misdemeanor is one year. Meanwhile, felonies, like first-degree or second-degree murder and fourth-degree sexual abuse, have no statute of limitations.
The table below provides an overview of some notable types of cases and their respective statute of limitations:
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 1 to 3 years | Iowa can toll (suspend filing deadline) when the suspect flees the state or goes into hiding. |
| Felonies | 3 to indefinitely | Some felonies, such as first-degree or second-degree murder and fourth-degree sexual abuse, have no statute of limitations. Similar to misdemeanors, felonies are subject to tolling. |
| Infractions | ||
| Civil Statutes | 2 to 20 years | Personal injury, slander, and non-payment of wages have the shortest deadline (2 years). Conversely, judgments in a court of record have the longest deadline (20 years). Civil statutes are also subject to the state’s tolling and discovery rule. |
What Crimes Have No Statute of Limitations in Iowa
Some crimes are considered especially heinous due to their profound impact on victims and society. As a result, such crimes have no statute of limitations and may be prosecuted at any time in Iowa. Some reasons for this lack of a deadline are to ensure that the perpetrator faces consequences for their action, and they do not evade justice. Outlined below are common crimes with no statute of limitations in Iowa:
- Incest
- Fourth-degree sexual abuse
- First-degree or second-degree murder
- Sexual contact, human trafficking, or sexual abuse of a minor
- Sexual exploitation of a child by a counselor, therapist, or school employee
Criminal Statute of Limitations in Iowa
The criminal statute of limitations in Iowa varies based on the type of offense, its severity, and the victim's age. Generally, felony time limits in Iowa are the longest, and certain felonies also have no statute of limitations. For instance, the statute of limitations for felonies like first, second, and third-degree sexual abuse is 10 years or 3 years from the date DNA evidence is discovered, while other felonies' limitation periods max out at 3 years. However, first-degree or second-degree murder and fourth-degree sexual abuse are unique in that they do not have a statute of limitations.
Meanwhile, Iowa's misdemeanor statute of limitations outlines a one-year deadline for simple misdemeanors and 3 years for aggravated or serious misdemeanors. Nonetheless, the limitation period for most criminal offenses may be tolled (paused) if:
- The suspect flees the state or resides outside the state.
- The offense was committed during the suspect's time of employment or public service (for public misconduct cases)
The statute of limitations for some criminal offenses in Iowa is tabulated below:
| Offense | Statute of Limitations |
|---|---|
| Simple misdemeanors | 1 years |
| Aggravated or serious misdemeanors | 3 years |
| First, Second, and Third-Degree Sexual Abuse | 10 years or 3 years from the date of the suspect’s DNA evidence discovery |
| First, second, or third-degree sexual abuse of a minor | 15 years after the victim’s 18th birthday |
| First-, second-, or third-degree kidnapping | 10 years after the victim’s 18th birthday |
| Other felonies | 3 years |
Is There a Statute of Limitations on Attempted Murder?
According to Iowa Code 707.11, attempted murder is classified as a class B felony. Although attempted murder is not explicitly stated in Iowa Code Chapters 802 (Iowa limitation of criminal actions laws), it can be categorized under other felonies, which have a limitation period of three years. As a result, the statute of limitations for attempted murder in Iowa is 3 three years. In contrast, murder does not have a statute of limitations and can be prosecuted at any time, regardless of how long ago it was committed.
Statute of Limitations on Sexual Assault in Iowa
Different factors can determine the deadline for prosecuting sexual assault or abuse cases in Iowa, including:
- The statutory degree under which the sexual assault is charged (i.e., first, second, third, or fourth degree)
- The victim’s age at the time of the abuse
According to Iowa Code §802.2, first, second, or third degree sexual abuse has a limitation period of 10 years after it was committed or 3 years from the date DNA evidence is discovered. Meanwhile, fourth-degree sexual abuse has no statute of limitations.
Sexual assault against children is considered a serious crime in Iowa, as reflected in its statute of limitations, which has no time limit. As a result, such crimes can be prosecuted at any time, regardless of the statutory degree (i.e., first, second, third, or fourth degree) under which it falls.
The civil statute of limitations for filing sexual assault claims in Iowa also varies based on the aforementioned factors and the victim’s relationship with their alleged abuser. Adult victims have a 2-year deadline from the date of the assault to sue. Meanwhile, child sexual abuse victims have a one-year time limit after they turn 18 years old to sue their abuser. However, those who had a mental illness or a disability during the abuse have a one-year deadline after ceasing to be disabled to file a lawsuit against their abuser.
Iowa has a special law that extends the filing deadline for sexual assault civil lawsuits when the perpetrator was a school employee or therapist/counselor. Under the law, victims are granted a five-year period to initiate legal action. This period begins from the date of their last treatment, the end of their enrollment at the school where the abuse occurred, or their withdrawal from a school following reporting abuse.
It is worth noting that Iowa’s discovery rule can also extend the time limit for filing a sexual assault civil lawsuit. Codified in Iowa Code § 614.8A, the rule allows victims of sexual abuse who have only recently discovered evidence of past abuse an additional four years from the date of discovery to file a lawsuit.
Civil Statute of Limitations in Iowa
Iowa Code Chapter 614 outlines the civil statute of limitations, establishing the civil lawsuit deadline in Iowa. These deadline varies based on the type of claim. Failure to meet these deadlines may result in dismissal of the claim upon filing, irrespective of the evidence the plaintiff presents. Some examples of the different types of claims in Iowa and their respective civil statute of limitations are detailed in the table below:
| Claim Type | Statute of Limitations | Section (§) of the Iowa Code |
|---|---|---|
| Personal injury | 2 years | § 614.1(2) |
| Property Damage | 5 years | § 614.1(4) |
| Professional malpractice | 6 years | § 614.1(9) |
| Breach of contract (written or oral) | 5 years (for oral or unwritten contract) and 10 years (for written contract) | § 614.1(4) and (5) |
| Fraud | 5 years | § 614.1(4) |
| Defamation | 2 years | § 614.1(2) |
| Judgments in a court of record | 20 years | § 614.1(6) |
Statute of Limitations for Medical Malpractice in Iowa
The medical malpractice statute of limitations in Iowa is 2 years, according to Iowa Code § 614.1(6). The countdown to the malpractice claim deadline starts when the plaintiff realizes that they have a case, ought to have known about the malpractice through reasonable diligence, or receives a written notice of the alleged malpractice’s existence.
Iowa also has a “statute of repose” that bars lawsuits from being filed if more than six years have passed since the medical error occurred. The only exception to the “statute of repose” is if a foreign object was unintentionally left in the victim’s body, causing injury or death. In Iowa, examples of common medical malpractice cases include:
| Type of Medical Malpractice | Example |
|---|---|
| Misdiagnosis | Missed, wrong, or delayed diagnosis of a patient’s condition |
| Surgical errors | Anesthesia errors, leaving a foreign object in a patient’s body, mistaken amputation, and unnecessary or inappropriate procedures |
| Prescription errors | Incorrect dispensation of prescribed drugs |
| Birth injuries | Cerebral palsy, bone fractures, brachial plexus injuries, and Erb’s palsy |
| Anesthesia errors | Wrong dosage and administering the wrong type of anesthesia |
Statute of Limitations for Debt in Iowa
The debt statute of limitations in Iowa sets the deadline for creditors to sue their debtors over unpaid debt. Once the deadline expires, creditors lose their right to use the court system to force payment. Notwithstanding, debts still exist if they remain unpaid.
Generally, debts in Iowa fall into three categories: written contracts and open accounts, oral contracts, and judgments. Each category's limitations period varies. The statute of limitations for debts that arise from written contracts is 10 years per Iowa Code §614.1(5). Mortgages and auto loans are good examples of debts that may fall under written contracts and open accounts. Oral contracts are generally harder to prove in court and have a limitation period of 5 years, according to Iowa Code §614.1(4). It is worth noting that unpaid credit card debt in Iowa falls under this category. Lastly, Iowa's statute of limitations for judgment debts is 20 years.
The table highlights the statute of limitations for different types of debts in Iowa.
| Type of Debt | Statute of Limitations |
|---|---|
| Credit Card Debt | 5 years |
| Medical Bills | 5 years |
| Personal Loan | 5 years |
| Auto Loan | 10 years |
| Mortgages | 10 years |
| Judgments | 20 years |
Statute of Limitations for Child Abuse and Child Support in Iowa
The Child abuse statute of limitations in Iowa varies based on the specific type of abuse. Generally, most sexual based crimes against children have no criminal statute of limitations. These include sexual abuse, human trafficking, incest, sexual contact, and sexual exploitation of a minor by a counselor, therapist, or school employee. Meanwhile, the criminal statute of limitations for first, second, or third-degree kidnapping of a minor is 10 years after the victim turns 18 years old.
Meanwhile, the deadline for filing a civil action for injuries incurred as a result of childhood sexual abuse, which was not discovered until the victim reached the age of majority, is 4 years from the time of the discovery. On the other hand, there is no statute of limitations for child support enforcement in Iowa. As a result, back child support may be enforced through wage garnishment, tax refund interception, and liens, no matter how old the debt is.