1. Code of Ala. § 6-2-38 (l) – 2 years a. Travis v. Ziter, 681 So. 2d 1348 (Ala. 1996) (“Actions alleging negligence, wantonness, the tort of outrage, breach of fiduciary duty, or civil conspiracy must be brought within two years after the accrual of the cause of action. Ala. Code § 6-2-38(l)”.) 2. Code of Ala. § 6-2-38 (n) – 2 yrs a. Travis v. Ziter, 681 So. 2d 1348 (Ala. 1996) (Actions seeking a recovery based upon the theory of respondeat superior must be brought within two years after the accrual of the cause of action. Ala. Code § 6-2-38(n)”) 3. Code of Ala. § 6-2-34 (1) – 6 yrs a. Travis v. Ziter, 681 So. 2d 1348 (Ala. 1996) (“An action alleging assault and battery must be brought within six years after the accrual of the cause of action. Ala. Code § 6-2-34(1)”) (Site should be amended to ADD this 6 yr assault & battery vs perp statute) Travis v. Ziter, 681 So. 2d 1348, 1350 n.1 (Ala. 1996) (“It is undisputed that if no “tolling” provision applies, then the limitations period has run on each of the Travises’ claims. The Travises’ complaint was not filed until 15 years after the last alleged incident of physical and sexual abuse. Actions alleging negligence, wantonness, the tort of outrage, breach of fiduciary duty, or civil conspiracy must be brought within two years after the accrual of the cause of action. § 6-2-38(l), Ala. Code 1975. Actions seeking a recovery based upon the theory of respondeat superior must be brought within two years after the accrual of the cause of action. § 6-2-38(n), Ala. Code 1975. However, with the exception of the Travises’ assault and battery claims, the appropriate statutory limitations period would presumably be one year because those other claims accrued before 1985, the year in which the one-year limitations provision of § 6-2-39 was repealed and § 6-2-38 was amended to allow two years for filing claims formerly covered by § 6-2-39. See Burns v. Sealy Ins. Agency, Inc., 545 So. 2d 763 (Ala. 1989). An action alleging assault and battery must be brought within six years after the accrual of the cause of action. § 6-2-34(1), Ala. Code 1975.”) TOLLING: 20 year SOR |
None for victims abused when they were under 16, OR where “attempted use, or threat of, violence” or “serious physical injury or death” occurs. CITATION: Ala. Code § 15-3-5 (a)(4), Ala. Code § 15-3-5 (a)(2)-(3). 5 years for other felonies. Ala. Code § 15-3-1. SOL removal applies to all crimes committed after, or where the SOL had not yet expired as of Jan. 7, 1985. See, Ala. Code § 15-3-5 (b). ALA CODE § 15-3-5 (a) There is no limitation of time within which a prosecution must be commenced for: (1) Any capital offense; (2) Any felony involving the use, attempted use, or threat of, violence to a person; (3) Any felony involving serious physical injury or death of a person; (4) Any sex offense involving a victim under 16 years of age, regardless of whether it involves force or serious physical injury or death; (5) Any felony involving arson of any type; (6) Any felony involving forgery of any type; (7) Any felony involving counterfeiting; and (8) Any felony involving drug trafficking. (b) The amendments made by this act shall apply: (1) To all crimes committed after January 7, 1985; and (2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985. (c) Nothing herein shall be construed to mean that the adoption of this act indicates that any former statute of limitations applying to capital offenses is invalid as the result of any decision of any court invalidating the capital punishment statutes of the State of Alabama. 5 years for OTHER FELONIES: Ala. Code § 15-3-1. Felonies. Except as otherwise provided by law, the prosecution of all felonies, except those specified in Section 15-3-3, Section 15-3-5, or any other felony that has a specified limitations period, shall be commenced within five years after the commission of the offense. 1 year for MISDEMEANORS: 1 year. Ala. Code § 15-3-2. Misdemeanors. Unless otherwise provided, the prosecution of all misdemeanors before a circuit or district court must be commenced within 12 months after the commission of the offense. |