Skip to content

Statutes of Limitations

A Legal Guide

Menu
  • Contact
  • Glossary Of Terms
  • News
  • Disclaimer

Idaho Statute of Limitations

Statute of Limitations in Idaho

Covid-19 Tolling of Statutes of Limitations in Idaho

The spread of the COVID-19 pandemic has caused people in the U.S. and across the globe to quarantine themselves in an attempt to slow the spread of the disease. Because of this, several states have chosen to suspend cases and begin tolling their statute of limitations. Idaho Governor Brad J. Little and the courts in the state have so far remained silent when it comes to the issue of tolling the statute of limitations for Idaho, however.

What is the Statute of Limitations in Idaho?

A statute of limitations is a set amount of time after an incident has occurred that one has to file the ensuing lawsuit. Each statute of limitations can differ based on the type of case and what state you’re in. For instance, the statute of limitations for personal injury cases in Idaho is two years, but three years in New York.

Negligence / Personal Injury

2 Years “… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…” Idaho Code Ann. § 5-219

Fraud

3 Years The fraud statute of limitations does not begin to run until the plaintiff knew or reasonably should have known of the facts constituting the fraud. Within three (3) years. . .(4) An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake. Idaho Code Ann. § 5-218(4).

For purposes of accrual of fraud claim for limitations purposes, actual knowledge of the fraud can be inferred if the aggrieved party could have discovered the fraud by reasonable diligence, although court will hesitate to infer such knowledge. Nerco Minerals Co. v. Morrison Knudsen Corp., 140 Idaho 144 (2004).

Toxic Tort

2 Years “… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…” Idaho Code Ann. § 5-219

Lessees’ cause of action alleging that manufacturer of herbicide used on leased farmland by former lessees’ inadequately labeled herbicide, causing damage to lessees’ crops, accrued as of date that wrongful labeling occurred, if at all, which was at time of sale of chemical to former lessees, for purposes of applying two-year products liability statute of limitations.  I.C. §§ 5-219, 6-1401 et seq., 6-1403(3).  Wing v. Martin, 1984, 107 Idaho 267, 688 P.2d 1172

Statute of Repose

Construction: 6 Years from final completion of improvement to real property. Idaho Code § 5-241.

Products: 10 Years or after product’s “useful safe life.” Idaho Code § 6- 1403(3) (Rebuttable Presumption).

Wrongful Death

2 Years “… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…” Idaho Code Ann. § 5-219

Medical Malpractice

2 Years “… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…” Idaho Code Ann. § 5-219

Products Liability

2 Years

“… within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of…” Idaho Code Ann. § 5-219

Discovery:

A cause of action accrues when some damage relating to a wrongful act or omission becomes objectively ascertainable, such that objective proof would support the existence of actual injury. See Blade v. Richard B. Smith, Inc., 141 Idaho 296 (2005); See also Conway v. Suntag, 141 Idaho 144 (2005).

Statute of Repose – (2) Statute of repose.
(a) Generally. In claims that involve harm caused more than ten (10) years after time of delivery, a presumption arises that the harm was caused after the useful safe life had expired. This presumption may only be rebutted by clear and convincing evidence.
4. The ten (10) year period of repose established in subsection (2)(a) hereof shall not apply if the harm was caused by prolonged exposure to a defective product, or if the injury-causing aspect of the product that existed at the time of delivery was not discoverable by an ordinary reasonably prudent person until more than ten (10) years after the time of delivery, or if the harm, caused within ten (10) years after the time of delivery, did not manifest itself until after that time. Idaho Code Ann. § 6-1403

Intentional Torts

2 years for certain intentional torts.

Municipal Liability/Sovereign Immunity

2 Years from date or discovery. 180 days to file claim against municipalities. Infants have 120 days after majority or 6 years from injury or discovery.

Discovery Rule

If injury is fraudulently concealed by defendant, SOL runs from when injury is, or should have been discovered. Also see rule for medical malpractice above.

Comparative Negligence

Pure comparative negligence applies.

Charitable Immunity

Charitable immunity applies with certain exceptions.

Disabilities

For infants (18th birthday), incompetents, insane, or imprisoned persons, SOL runs from removal of disability. 6 year maximum toll.

Damages

Pain and suffering in personal injury or death actions limited to three times compensatory damages to a maximum of $250,000.

Punitive Damages

Only in the event of wanton or outrageous conduct, fraud, malice, or gross negligence. Caps: None

No-Fault Insurance

None

Other Relevant Information

Action for Ionizing radiation injury: 3 years from discovery, maximum 30 years from last exposure.

Consumer Fraud Complaint

Idaho Office of the Attorney General, Consumer Protection Unit
http://www.ag.idaho.gov/consumerProtection/consumerIndex.html

Consumer Line: (208) 334-2424

Toll-free: (800) 432-3545

Fax: (208) 334-4151

Frequently Asked Questions about Statues of Limitations in Idaho

According to Idaho code, the statute of limitations for debt varies based on the type of debt you’re referring to. For medical debt, credit card debt, and private student loan debt the statute of limitations is five years. Auto loan debt however is limited to four years and state tax debt is twelve years.
No, there is no expiration date for a misdemeanor warrant in Idaho.
Yes, in the vast majority of cases Idaho will extradite for a felony warrant. It is extremely rare that a felony warrant from Idaho will request no extradition.
In Idaho petty theft is considered a misdemeanor and misdemeanors carry a statute of limitations of one year.
If the judgment was entered before July 1, 2015 that judgment would remain in effect for five years. Any judgment taking place after that date would remain in effect for ten years. Before a judgment expires you can apply to have it extended every five years for a maximum of twenty years.

Do you have questions about Statute of Limitations? Ask them here!

Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
(212) 267-6700

Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
(718) 469-6900

Sitemap

Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
(718) 469-6900

Long Island
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
(516) 466-6500

New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
(973) 323-3603

Florida
Parker Waichman LLP
27299 Riverview Center Blvd, Suite 108
Bonita Springs,FL 34134
(239) 390-1000

© 2020 Parker Waichman LLP
1-800-LAW INFO (1-800-529-4636)
www.yourlawyer.com

Please note that you are not considered a client until you have signed a retainer agreement and your case has been accepted by us.
Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Follow Us
Statutes of Limitations. Theme by Grace Themes