Maryland Statutes of Limitations: Filing Deadlines by Case Type

Maryland's statutes of limitations establish the outer time boundaries within which civil and criminal actions must be initiated. Missing a filing deadline ordinarily extinguishes the right to pursue a claim, regardless of its merits. This page maps the principal deadlines across civil, criminal, and administrative categories under the Annotated Code of Maryland, identifies the tolling rules that suspend or extend those windows, and describes the boundary conditions that determine which deadline governs a given fact pattern.

Definition and scope

A statute of limitations is a legislatively enacted deadline that bars a legal action filed after the prescribed period has elapsed from the accrual date of the claim. In Maryland, these deadlines are codified primarily in Maryland Code, Courts and Judicial Proceedings (CJP) Article, §§ 5-101 through 5-1102. The general civil limitations period under CJP § 5-101 is 3 years, applying to causes of action for which no specific statutory period is prescribed.

The Maryland General Assembly has established distinct periods for categories of claims that depart substantially from that default. The Office of the Attorney General of Maryland interprets and enforces statutory obligations arising from many of these provisions in litigation contexts. For a broader orientation to how Maryland's legal framework is structured, the Maryland Legal Services Authority home page provides a navigational overview of the state's legal service landscape.

This page covers Maryland state law deadlines only. Federal claims filed in U.S. District Courts within Maryland — including civil rights actions under 42 U.S.C. § 1983, federal employment discrimination claims, and ERISA matters — are governed by separate federal statutes and EEOC charge-filing requirements, which fall outside the scope of this reference. Claims arising under the laws of other states are similarly not covered here.

How it works

Accrual of the cause of action

The limitations clock starts when a cause of action "accrues." Under Maryland common law as interpreted by the Court of Appeals (now the Supreme Court of Maryland), accrual generally occurs when the plaintiff knows or reasonably should know of the injury and its cause. The discovery rule — recognized in Maryland for latent injury cases — can delay accrual where the nature of the harm makes immediate discovery impossible.

Tolling rules

The following conditions suspend the running of the limitations period under CJP Article:

1. Minority — The period is tolled while the plaintiff is under 18 years of age; the clock begins upon reaching majority (CJP § 5-201).
2. Mental incapacity — Disability by reason of mental incompetence suspends the period for the duration of that incapacity (CJP § 5-201).
3. Fraudulent concealment — Where a defendant affirmatively conceals the cause of action, the period is tolled until the plaintiff discovers, or reasonably should discover, the fraud (CJP § 5-203).
4. Absence from Maryland — If the defendant is absent from the state, the period of absence is generally excluded from the limitations calculation (CJP § 5-204).
5. Death of a party — CJP § 5-202 provides specific tolling rules when a party dies before or after accrual.

Filing requirement

Filing the complaint or charging document with the appropriate court — not service on the defendant — is the operative act that satisfies the statute. Maryland Rule 2-101 governs the commencement of civil actions in circuit courts; District Court civil actions are governed by Maryland Rule 3-101.

Common scenarios

Civil claim deadlines

Criminal limitations

Maryland imposes no statute of limitations on felonies prosecuted in circuit court. Misdemeanor prosecutions, however, are generally subject to a 1-year limitation under CJP § 5-106, with specific exceptions. Sexual offense charges, including child sexual abuse prosecutions, carry extended or eliminated limitations periods under CJP §§ 5-106(b) and 5-117, reflecting 2023 legislative changes by the Maryland General Assembly.

Administrative and agency deadlines

Administrative claims frequently operate on compressed timelines distinct from civil court filings. A claimant alleging employment discrimination before the Maryland Commission on Civil Rights must file within 6 months of the discriminatory act under State Government (SG) Article § 20-1004. The regulatory framework governing these administrative processes is detailed in the regulatory context for the Maryland legal system.

For context on how Maryland tort law fundamentals interact with limitations periods — particularly the discovery rule and accrual doctrine — and for contract-based deadlines under Maryland contract law basics, those subject pages address the substantive law behind the deadlines.

Decision boundaries

Written vs. oral contract: the 12-year vs. 3-year distinction

The most consequential classification in contract disputes is whether an agreement is memorialized in a signed writing. CJP § 5-102 reserves the 12-year period for specialties — instruments under seal, bonds, and written contracts. Oral contracts and implied-in-fact contracts fall under the general 3-year period. In mixed or ambiguous cases, Maryland courts have examined whether the written instrument is self-contained and signed to determine which period applies.

Discovery rule applicability

The discovery rule does not apply uniformly. Maryland courts have declined to apply the rule to straightforward property damage and breach-of-contract claims where the injury is immediately apparent. The rule is recognized in medical malpractice (CJP § 5-109 expressly incorporates a discovery component), asbestos and toxic tort cases, legal malpractice, and certain fraud claims. The distinction between a "latent" injury (discovery rule applies) and a "patent" injury (clock runs from incident date) is a threshold legal question in limitations disputes.

Claims against government entities

Actions against the State of Maryland or its agencies are governed by the Maryland Tort Claims Act (State Government Article §§ 12-101 through 12-110), which imposes a 1-year notice requirement as a condition precedent, followed by the standard 3-year civil limitations period. Local government tort claims under the Local Government Tort Claims Act (Courts and Judicial Proceedings §§ 5-301 through 5-304) require a 180-day written notice filing. Failure to provide timely notice can independently bar a claim even if the substantive limitations period has not expired.

Minors and the savings period

When the 3-year general period would otherwise expire while a plaintiff remains under 18, Maryland's tolling statute (CJP § 5-201) preserves the claim. The plaintiff then has 3 years from the date of majority (age 18) in which to file — effectively extending the window by the full duration of minority. This tolling does not apply to all claim types; medical malpractice under CJP § 5-109 contains its own minority provisions that cap the total limitations period.

Practitioners navigating multi-party or cross-jurisdictional matters should also consult the Maryland civil procedure overview and Maryland filing fees and court costs for procedural requirements that intersect with timeliness obligations.

References

• Maryland Code, Courts and Judicial Proceedings Article — Maryland General Assembly
• [CJ