What Is the Statute of Limitations in Oklahoma?

The statute of limitations in Oklahoma determines the time frame for filing a civil lawsuit or initiating a criminal prosecution. Oklahoma law defines the time limits for starting civil and criminal legal actions. Courts typically dismiss cases filed after the statute of limitations runs out, even if compelling evidence exists.

By setting deadlines, statutes of limitations protect against lawsuits long after an incident and help ensure cases are decided while facts are still reliable. In addition, the time limits establish a sense of closure for both the person filing the claim and the one responding to it.

How Long Is the Statute of Limitations in Oklahoma?

In Oklahoma, the deadline for filing legal actions varies based on the type and severity of the crime or offense. In most cases, plaintiffs or prosecutors must file lawsuits or criminal charges within the deadlines set by law.

The time limits for filing a lawsuit in Oklahoma typically range from 1 to 5 years. For example, claimants must file lawsuits for personal injury, property damage, fraud, or trespass within 2 years of the incident.

In contrast, serious crimes like murder have no statute of limitations. Sexual abuse against minors may be prosecuted until the victim turns 45 (22 O.S. § 152(C)), or indefinitely if DNA evidence identifies the suspect. Other offenses fall within 3 to 7 years. For example, misdemeanors and some felonies generally have a 3-year limit, while arson and felonies involving deadly weapons carry a 7-year limitation.

The table summarizes the statute of limitations for various case types in Oklahoma.

What Crimes Have No Statute of Limitations in Oklahoma

In Oklahoma, prosecutors may file charges for serious crimes at any time since these offenses have no statute of limitations. Certain crimes in Oklahoma, such as murder and child sexual abuse, have no statute of limitations because they are considered too severe to be excused by time. Public policy reinforces that these acts are intolerable and that offenders must always face accountability. Advances in forensic science, such as DNA testing, also support prosecuting such crimes even decades later.

Crimes with no statute of limitations in Oklahoma include:

• Murder
• First-degree manslaughter
• Sex crimes against children with DNA evidence
• Terrorism-related offenses.

Criminal Statute of Limitations in Oklahoma

Criminal statute of limitations in Oklahoma sets the maximum time the state has to file criminal charges after an alleged offense, with the timeframe varying based on the severity of the crime. These time limits are set out in Title 22, Oklahoma Statutes, Section 152. If a crime does not fall under the category of offenses with no statute of limitations, the court will dismiss the case once the filing deadline expires.

In Oklahoma, certain exceptions may extend or pause the statute of limitations. These include:

• Cases where DNA evidence identifies a suspect
• The defendant leaves the state
• The victim is a minor (with the clock starting at age 18)
• The crime was hidden through fraud or concealment.

Criminal statute of limitations in Oklahoma falls into several categories, including misdemeanors, felonies, and crimes that carry no limitation period. The most serious crimes, such as murder and child sexual abuse offenses proven through DNA, have no statute of limitations. Felony time limits in Oklahoma fall within 3 to 7 years, while infractions and misdemeanors are restricted to 1 to 3 years. Certain exceptions may extend or pause these deadlines to allow prosecution when new evidence emerges.

The table provides an overview of various offenses in Oklahoma along with their respective statutes of limitations.

Is There a Statute of Limitations on Attempted Murder?

Oklahoma classifies attempted murder as a serious felony, typically involving a deadly weapon. In most cases, the statute of limitations for attempted murder in Oklahoma is 7 years. However, how long someone may be charged with attempted murder in Oklahoma depends on factors such as:

• DNA evidence
• If the suspect leaves Oklahoma, the clock resumes only once the suspect returns to the state.
• The victim’s age (if the victim is a minor, the statute of limitations may not begin until the victim turns 18)
• Concealment of the crime (the time limit may not start until it is discovered).

In Oklahoma, murder carries no statute of limitations, allowing the state to prosecute a case at any time, regardless of the number of years after the offense. This rule applies because murder is viewed as the most serious crime, and the pursuit of justice should not be limited by time.

Statute of Limitations on Sexual Assault in Oklahoma

Sexual assault statute of limitations in Oklahoma vary by the victim’s age, evidence, and severity of the crime.
Under SB 1658, recent legislative changes grant an indefinite period to prosecute sexual assault cases, especially when DNA evidence or confessions are involved. The law also permits prosecution of sexual and child abuse offenses until the victim turns 45 or within 20 years of discovery if the victim was an adult.

Oklahoma has expanded victim protections by extending deadlines for reporting and filing civil sexual abuse claims, although these extensions usually do not apply retroactively to older cases. Under Title 21 § 1040.56, civil claims involving child sexual abuse imagery must be filed within three years, starting from:

• The conclusion of the related criminal case
• Notification by law enforcement
• 3 years after turning 18.

For broader civil claims not related to abuse material, 12 O.S. § 95 generally applies, allowing sexual abuse claims to be filed until the victim’s 45th birthday.

Civil Statute of Limitations in Oklahoma

The civil statute of limitations in Oklahoma is the legal deadline for filing a lawsuit in civil court. Usually, Oklahoma civil lawsuit deadlines run from 1 to 5 years. How long you have to sue in Oklahoma depends on the type of claim, and missing the deadline usually ends the case unless an exception applies, such as:

• Absence of the defendant from Oklahoma
• Fraudulent concealment
• Mental incapacity
• The age of the victim at the time of the incident.

Once a case is dismissed for exceeding the statute of limitations, the plaintiff loses the right to bring it before the court, no matter how strong the evidence may be. Under Title 12, Section 95 of the Oklahoma Statutes (12 O.S. § 95), the state establishes the following time limits for filing civil claims.

Statute of Limitations for Medical Malpractice in Oklahoma

Under Title 76, Section 18 of the Oklahoma Statutes, patients have a standard 2-year deadline from the date of the alleged incident to file a medical malpractice claim. However, if the injury is not immediately apparent, the two-year period begins when the patient discovers or reasonably should have discovered the injury.

How long to sue a doctor in Oklahoma depends on factors, such as:

• Date of the injury
• Discovery of the injury
• Age of the victim
• Cases involving fraudulent concealment by the doctor
• Statute of repose.

In Oklahoma, medical malpractice claims cannot be filed more than 7 years after the negligent act, even with the discovery rule. Exceptions apply for minors (the clock is paused until age 12, giving them until age 14 to file) and for cases involving fraudulent concealment by the doctor. Oklahoma law also requires at least 90 days’ written notice to the healthcare provider before filing the lawsuit.

The table outlines common medical malpractice cases in Oklahoma.

Statute of Limitations for Debt in Oklahoma

Under Title 12, Section 95 of the Oklahoma Statutes (12 O.S. § 95), the statute of limitations for debt varies by type, typically 3 to 5 years. Written contracts, such as auto loans, medical bills, personal loans, and credit cards, carry a 5-year limit, and oral agreements are limited to 3 years.

In Oklahoma, even if the statute of limitations expires, the debt may still appear on a debtor's credit report for up to 7 years from the date of first delinquency. Acknowledging a debt in writing or making a partial payment may restart the statute of limitations, effectively giving creditors more time to pursue legal action. By understanding the statute of limitations, a debtor learns how long creditors may legally hold them responsible for unpaid credit card debt in Oklahoma.

Oklahoma's statute of limitations for different types of debts.

Statute of Limitations for Child Abuse and Child Support in Oklahoma

Under 12 O.S. § 95, victims of child sexual abuse have until their 45th birthday to file a civil lawsuit for damages. In cases involving child sexual abuse materials, victims have 3 years to file a lawsuit, beginning from whichever occurs later:

• The conclusion of a related criminal case
• Notification by law enforcement
• The victim’s 18th birthday.

Generally, the statute of limitations for child abuse in Oklahoma varies by the victim’s age and the severity of the crime, with no time limit for the most serious offenses like sexual abuse or exploitation, primarily if DNA evidence or a confession exists. Recent laws, such as SB 1658, further extended deadlines to account for delayed reporting by victims.

Oklahoma allows child support enforcement indefinitely. Unpaid child support often accrues interest, leading the overall debt to increase as time passes. Through DHS Child Support Services, the state may enforce and collect child support by using methods such as:

• Tax refund interception
• Wage garnishment (withholding income from the non-custodial parent’s paycheck)
• Contempt of court actions
• Property liens
• License suspension.