Mississippi Statute Limitations
Published 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 Cival Procedure,
unless indicated otherwise.
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By The Numbers: |
By Types of Actions: |
0
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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
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Actions to recover penalties related to public utility law
violations |
Section 77-3-81
Section 77-3-85 |
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Time limit for convicts to bring action regarding assault,
assault and battery, or maiming after being released from incarceration |
Section 15-1-61 |
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Time limit on filing tort claim action against governmental
entity under Mississippi Tort Claims Act |
Section 11-46-11 |
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Time limit on beginning a new action after reversal of case
on appeal |
Section 15-1-69 |
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Actions on construction performance bonds following completion
of contract |
Section 85-7-189 |
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Actions and suits for penalties or forfeitures on any penal
state |
Section 15-1-33 |
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Actions on unwritten contracts of employment |
Section 15-1-29 |
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Actions on installment notes following foreclosure or sale
of property that is pledged as security for the note |
Section 15-1-23 |
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All intentional torts including assault, assault and battery,
maiming, false imprisonment, malicious arrest or menace, all
actions for slander and libel |
Section 15-1-35 |
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Time limit on wrongful death actions
See Also: |
Section 15-1-36
Section 15-1-41 |
10 days
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Time limit on filing for Breath Test Refusal |
Section 63-11-25 |
10 Years
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Actions to recover land |
Section 15-1-7 |
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Actions in equity to recover land (generally) |
Section 15-1-9 |
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Time needed to acquire land under adverse possession |
Section 15-1-13 |
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Actions to redeem mortgages or deeds of trust |
Section 15-1-19 |
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Actions involving certain trusts |
Section 15-1-39 |
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Actions to recover land for defective deed or other land-related
instruments |
Section 15-1-11 |
14 Days
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Time limit on filing Appellate Reply Briefs |
MRAP Rule 31 |
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Time limit on filing Write of Certiorari to Mississippi Supreme
Court |
MRAP Rule 17 |
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Time limit on filing Motion for Rehearing with the Mississippi
Court of Appeals or the Mississippi Supreme Court |
MRAP Rule 40 |
2 Years
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Actions to enforce liability on investment bonds |
Section 75-71-319 |
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Time allowed to open Workers Compensation case from date of
injury |
Section 71-3-35 |
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Actions to recover property sold by order of Chancery Court
or pursuant to decree of partition |
Section 15-1-36 |
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Medical malpractice, in general (review statutes carefully
plus age of patient) |
Section 15-1-36 |
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Time allowed to redeem property sold for taxes |
Section 15-1-17 |
3 Years
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Actions founded on foreign judgments or decrees if person
was state resident at the time the section was initiated |
Section 15-1-45 |
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Actual occupation time to prevent suit to recover land obtained
under tax sale |
Section 15-1-15 |
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All actions on open accounts except as provided in Uniform
Commercial Code ( See Section 15-1-31 - when time starts) |
Section 15-1-21 |
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GENERAL TIME LIMIT ON MOST LITIGATION AND ALL ACTIONS FOR
WHICH NO PERIOD OF LIMITATION IS PRESCRIBED BY STATE STATUTE |
Section 15-1-49 |
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Time limit to commence corporate tax audits or to file related
actions |
Section 27-13-49 |
30 Days
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Time limit on filing Appellee's Briefs in Mississippi Court
of Appeals or Supreme Court |
MRAP Rule 31 |
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Time limit on filing appeals to County Court, Circuit Court,
or the Mississippi Appellate Court |
MRAP Rule 4 |
31 Years
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Time limit on actions involving persons under disability of
unsoundness of mind |
Section 15-1-39 |
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Time limit to be used on ALL Certificates of Title ( Check
all titles back AT LEAST 31 years |
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4 Years
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Action or scire facial against executor or administrator or
other cause of action against testator or in testate |
Section 15-1-25 |
40 Days
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Time limit to file Appellant's Brief after record is filed
in Mississippi Court of Appeals or Mississippi Supreme Court |
MRAP Rule 31 |
5 Years
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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 15-1-27
Section 15-1-53 |
6 Months
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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
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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 15-1-41 |
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Actions regarding stockholder liability following bank liquidation |
Section 81-5-27 |
7 Years
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Time limit on actions founded on collecting a judgment or
decree rendered by any court of record in Mississippi |
Section 15-1-43 |
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Time 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 15-1-45 |
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Time limits on any lien on any property owned by the defendant |
Section 15-1-47 |
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Time limits on liens obtained by the state or municipal corporation |
Section 15-1-51 |
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Time limit on certain medical malpractice situations |
Section 15-1-36 |
90 Days
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Time limit to file notice of personal injury claim with government
entity under Mississippi Tort Claims Act |
Statute 11-46-11 |
Depends on Discovery time
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Fraud may toll time limits and cause of action accrues at
time fraud is discovered or should have been discovered |
Section 15-1-67 |
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