|SOL: + 2 years from accrual (at injury) vs perp for assault/battery [except where perp & victim resided in same house then +5 from accrual vs perp]; +3 years from injury (accrual at injury) all other personal injury/death related claims. Despite accrual at injury, all claims tolled for +1 year from majority [“year of grace”] to age 19).
1. MCLS § 600, Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
2. MCLS § 600.5805 (2) Subject to subsections (3) and (4), the period of limitations is 2 years for an action charging assault, battery, or false imprisonment.
3. MCLS § 600.5805(3) The period of limitations is 5 years for an action charging assault or battery brought by a person who has been assaulted or battered by his or her spouse or former spouse, an individual with whom he or she has had a child in common, or a person with whom he or she resides or formerly resided.
4. MCLS § 600.5805 (10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.
MAJORITY, YES, BUT NOT AS TO ACCRUAL. ONLY PROVIDES “YEAR OF GRACE” AFTER REMOVAL OF DISABILITY OF Majority FOR ACTION WHICH ACCRUED WHEN PLAINTIFF WAS A MINOR!!!
1. MCLS § 600.5851 (1) Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is None through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852.
a. MCLS § 600.5851 (5) “A court shall recognize both of the disabilities of infancy or insanity that disable the person to whom the claim first accrues at the time the claim first accrues. A court shall count the year of grace provided in this section from the termination of the last disability to the person to whom the claim originally accrued that has continued from the time the claim accrued, whether this disability terminates because of the death of the person disabled or for some other reason.”
2. Discovery, tolling, No. (Accrual at injury).
a. MCLS § 600.5827. Accrual of claim. (“Sec. 5827. Except as otherwise expressly provided, the period of limitations runs from the time the claim accrues. The claim accrues at the time provided in sections 5829 to 5838, and in cases not covered by these sections the claim accrues at the time the wrong upon which the claim is based was done regardless of the time when damage results.”)
b. Lemmerman v. Fealk, 534 N.W.2d 695, 703 (Mich. 1995) (repressed memories do not trigger “year of grace” nor discovery tolling, but Court notes that this is merely statutory default and legislature could address this problem if it so chose);
c. Demeyer v. Archdiocese of Detroit, 233 Mich. App. 409, 593 N.W.2d 560 (Mich. Ct. App. 1999) (“But for our obligation under MCR 7.215(H)(1) to follow Guerra, however, we would reverse and remand for consideration of the contention of defendants Archdiocese that they are entitled to summary disposition under MCR 2.116(C)(10) because they did not have knowledge or notice of defendant Gerald Shirilla’s behavior.”)
i. DEMEYER v. ARCHDIOCESE OF DETROIT, 233 Mich. App. 409 (Mich. Ct. App. 1999) (“We held that knowledge of the events at the time they occurred, coupled with the ability to associate the abuser with his role in the Archdiocese, meant that the plaintiff was aware of his possible cause of action against the Archdiocese”) (no fraudulent concealment tolling)
d. Guerra v Garratt, 222 Mich. App. 285, 287; 564 N.W.2d 121 (1997) (rejecting application of discovery rule even where conduct was admitted, thus corroborating recovered memories)
|None for criminal sexual conduct in 1st degree. MCLS § 767.24(1)(a). +10 years from commission or victim’s 21st birthday, whichever is later for most other crimes.
Mich. Comp. Law § 767.24 (3).
§ 767.24. Indictments; crimes; subsection (2) to be known as “Theresa Flores’s Law”; subsection (4) to be known as Brandon D’Annunzio’s law; findings and filing; limitations; extension or tolling. [Effective January 14, 2015] MCLS § 767.24. (portions amended in 2014 do not relate to CSA).
Mich. Comp. Law § 767.24 (1) An indictment for any of the following crimes may be found and filed at any time: (a) Murder, conspiracy to commit murder, or solicitation to commit murder, or criminal sexual conduct in the first degree.”
Mich. Comp. Law § 767.24 (3) An indictment for a violation or attempted violation of section 145c, 520c, 520d, 520e, or 520g of the Michigan penal code,1931 PA 328,MCL 750.145c, 750.520c, 750.520d, 750.520e, and 750.520g, may be found and filed as follows:
(a) Except as otherwise provided in subdivision (b), an indictment may be found and filed within 10 years after the offense is committed or by the alleged victim’s twenty-first birthday, whichever is later.
(b) If evidence of the offense is obtained and that evidence contains DNA that is determined to be from an unidentified individual, an indictment against that individual for the offense may be found and filed at any time after the offense is committed. However, after the individual is identified, the indictment may be found and filed within 10 years after the individual is identified or by the alleged victim’s twenty-first birthday, whichever is later.
(c) As used in this subsection:
(i) “DNA” means human deoxyearibonucleic acid.
(ii) “Identified” means the individual’s legal name is known and he or she has been determined to be the source of the DNA.