Mississippi Statute Limitations
By the NumbersPublished by The Mississippi Bar
Notice: The following is a list of time limitations for a variety of legal actions in Mississippi. The index was compiled in 1999 and is not intended as a substitute for legal research. In all cases, you should locate, verify, and review the actual statute or court rule if there is a question about time limits. Statute references are to The Mississippi Code of 1972, as amended, unless indicated otherwise. Court ruler references are made to The Mississippi Rules of Appellate Procedure or The Mississippi Rules of Civil Procedure, unless indicated otherwise.
0
Action that is barred by time limits in one state or foreign country may not be maintained in Mississippi
Section 15-1-65
1 Year
Actions to recover penalties related to public utility law violations
Section 77-3-81
Section 77-3-85Time limit for convicts to bring action regarding assault, assault and battery, or maiming after being released from incarceration
Section 15-1-61Time limit on filing tort claim action against governmental entity under Mississippi Tort Claims Act
Section 11-46-11Time limit on beginning a new action after reversal of case on appeal
Section 15-1-69Actions on construction performance bonds following completion of contract
Section 85-7-189Actions and suits for penalties or forfeitures on any penal state
Section 15-1-33Actions on unwritten contracts of employment
Section 15-1-29Actions on installment notes following foreclosure or sale of property that is pledged as security for the note
Section 15-1-23All intentional torts including assault, assault and battery, maiming, false imprisonment, malicious arrest or menace, all actions for slander and libel
Section 15-1-35Time limit on wrongful death actions
Section 15-1-36See Also:
Section 15-1-41
10 Days
Time limit on filing for Breath Test Refusal
Section 63-11-25
10 Years
Actions to recover land
Section 15-1-7Actions in equity to recover land (generally)
Section 15-1-9Time needed to acquire land under adverse possession
Section 15-1-13Actions to redeem mortgages or deeds of trust
Section 15-1-19Actions involving certain trusts
Section 15-1-39Actions to recover land for defective deed or other land-related instruments
Section 15-1-11
14 Days
Time limit on filing Appellate Reply Briefs
MRAP Rule 31Time limit on filing Write of Certiorari to Mississippi Supreme Court
MRAP Rule 17Time limit on filing Motion for Rehearing with the Mississippi Court of Appeals or the Mississippi Supreme Court
MRAP Rule 40
2 Years
Actions to enforce liability on investment bonds
Section 75-71-319Time allowed to open Workers Compensation case from date of injury
Section 71-3-35Actions to recover property sold by order of Chancery Court or pursuant to decree of partition
Section 15-1-36Medical malpractice, in general (review statutes carefully plus age of patient)
Section 15-1-36Time allowed to redeem property sold for taxes
Section 15-1-17
3 Years
Actions founded on foreign judgments or decrees if person was state resident at the time the section was initiated
Section 15-1-45Actual occupation time to prevent suit to recover land obtained under tax sale
Section 15-1-15All actions on open accounts except as provided in Uniform Commercial Code ( See Section 15-1-31 - when time starts)
Section 15-1-21GENERAL TIME LIMIT ON MOST LITIGATION AND ALL ACTIONS FOR WHICH NO PERIOD OF LIMITATION IS PRESCRIBED BY STATE STATUTE
Section 15-1-49Time limit to commence corporate tax audits or to file related actions
Section 27-13-49
30 Days
Time limit on filing Appellee's Briefs in Mississippi Court of Appeals or Supreme Court
MRAP Rule 31Time limit on filing appeals to County Court, Circuit Court, or the Mississippi Appellate Court
MRAP Rule 4
31 Years
Time limit on actions involving persons under disability of unsoundness of mind
Section 15-1-39Time limit to be used on ALL Certificates of Title ( Check all titles back AT LEAST 31 years
4 Years
Action or scire facial against executor or administrator or other cause of action against testator or in testate
Section 15-1-25
40 DaysTime limit to file Appellant's Brief after record is filed in Mississippi Court of Appeals or Mississippi Supreme Court
MRAP Rule 31
5 Years
All actions against a guardian and the sureties on guardian's bond by the ward, time begins when the ward reaches age of 21
Effect of time limits re: guardians and persons under disability
Section 15-1-27Section 15-1-53
6 Months
Actions by subcontractor or material man against contractor or subcontractor, time limit on material men to file action on bond
Section 85-7-185
Section 85-7-187
6 Years
Actions to recover damages for injury to property, real or person, or for injury to a person arising out of construction defects, including design defects - does not apply to wrongful death, but does apply to real property improvement for the State of Mississippi plus any private or non-government entities
Section 15-1-41Actions regarding stockholder liability following bank liquidation
Section 81-5-27
7 Years
Time limit on actions founded on collecting a judgment or decree rendered by any court of record in Mississippi
Section 15-1-43Time limit on actions founded on judgment or decree rendered by any court outside of the state, unless person was state resident at the time the action was filed, then the time limit reduces to three years
Section 15-1-45Time limits on any lien on any property owned by the defendant
Section 15-1-47Time limits on liens obtained by the state or municipal corporation
Section 15-1-51Time limit on certain medical malpractice situations
Section 15-1-36
90 Days
Time limit to file notice of personal injury claim with government entity under Mississippi Tort Claims Act
Statute 11-46-11
Depends on Discovery timeFraud may toll time limits and cause of action accrues at time fraud is discovered or should have been discovered
Section 15-1-67