A statute of limitations is a law that sets the maximum period of time within which a legal action must be commenced after a cause of action arises. Once the applicable time limit passes, the right to bring that claim or prosecution is extinguished — and in Nevada, the opposing party can raise that expiration as an affirmative defense to defeat the action.

The policy behind SOLs is practical: as time passes, witnesses’ memories fade, physical evidence deteriorates, and records are lost. SOLs encourage parties to bring claims promptly while the evidence needed to resolve them fairly is still available. However, Nevada law also recognizes that some wrongs are so serious — or so effectively hidden — that no time limit should apply.

This distinction is critical and widely misunderstood. The civil and criminal statutes of limitations in Nevada operate completely independently of each other. The expiration of one has no effect on the other.

Understanding which system applies to your situation — or whether both do — is the first step in any SOL analysis.

The following chart reflects the criminal statutes of limitations as established by NRS Chapter 171, revised June 29, 2024. Unless an extension or exception applies (see Sections 4 and 9), charges must be filed within these windows from the date the offense was committed.

Common Crimes at a Glance

The following are the key criminal limitation statutes, quoted verbatim from NRS Chapter 171 (Rev. 6/29/2024):

↗ NRS 11.190 is the primary civil limitations statute for most non-real-property actions in Nevada. The 2024 version applies “except as otherwise provided in NRS 40.4639, 125B.050 and 217.007.” The following periods apply “unless further limited by specific statute.”

NRS 11.190 is the general rule, but many causes of action are governed by separate, more specific statutes. These special statutes override the NRS 11.190 periods when they apply.

“Accrual” is when the SOL clock begins. For most causes of action, the clock starts the moment the cause of action arises — usually when the harmful act occurs, the injury is sustained, or the contract is breached. But Nevada law recognizes several exceptions that delay accrual, and the correct accrual date is often the single most disputed question in SOL litigation.

For certain civil claims, Nevada defers the start of the SOL clock until the plaintiff discovers — or reasonably should have discovered — the facts giving rise to the claim. This is known as the discovery rule, and it prevents defendants from escaping liability by effectively hiding their wrongdoing until the SOL expires.

Civil causes of action with a statutory discovery rule accrual under NRS 11.190 include:

• Fraud or mistake: 3 years from discovery of the facts constituting the fraud or mistake (NRS 11.190(3)(d))
• Deceptive trade practice: 4 years from when the aggrieved party discovers, or by due diligence should have discovered, the facts (NRS 11.190(2)(d))
• Lender fraud by borrower (NRS 40.750): 3 years from discovery (NRS 11.190(3)(e))
• Fertility fraud (NRS 41.1335): 4 years from discovery of the fraud or of any resulting medical or genetic disorder, whichever is later (NRS 11.190(3)(f))
• Underground mining waste or trespass: 3 years from discovery of the facts constituting the waste or trespass (NRS 11.190(3)(b))
• Medical malpractice: 1 year from discovery, with a 3-year maximum from the act (NRS 41A.097)

Nevada’s criminal SOL also has a discovery-based exception for offenses committed in a “secret manner.” Under ↗ NRS 171.095(1)(a), if a felony, gross misdemeanor, or misdemeanor is committed in a secret manner, the applicable SOL period does not begin running until after the offense is discovered:

Nevada courts have defined a “secret” offense as one “committed in a deliberately surreptitious manner that is intended to and does keep all but those committing the crime unaware that an offense has been committed.” Walstrom v. State (1988) 104 Nev. 51.

This exception is particularly significant in:

• Embezzlement and employee theft: Often conducted secretly over months or years. The clock does not start until the employer or victim discovers the missing funds.
• Identity theft and fraud: Victims frequently do not learn of the crime for years. The SOL is tolled until discovery.
• Forgery: Forged documents may go undetected for years. Discovery triggers the clock.
• Sexual abuse of children: Beyond the secret offense provision, child victims have the age-36/43 rule under NRS 171.095(1)(b) (Section 4 above).

Tolling means the SOL clock is temporarily paused, suspending the countdown without resetting it. When the tolling event ends, the clock resumes from where it left off. Nevada law provides several statutory tolling rules:

This is one of the most consequential and frequently missed aspects of Nevada civil litigation. If you are injured due to the negligence of a state or local government entity or its employees, you cannot simply file a lawsuit. Nevada’s Tort Claims Act — specifically ↗ NRS 41.036 — requires you to file a written notice of claim with the appropriate government body before you can sue.

The Two-Step Requirement

In Nevada criminal proceedings, the expiration of the statute of limitations is not a jurisdictional bar — it is an affirmative defense that the defendant must raise. The Nevada Supreme Court held in Hubbard v. State (1996) 112 Nev. 946 that the failure to raise the SOL defense in the trial court waives it: a defendant convicted at trial cannot later appeal on the ground that the SOL had expired if the defense was never raised below.

In civil cases, the statute of limitations is similarly an affirmative defense that the defendant must plead in their answer. If a defendant fails to raise the SOL defense in a timely manner under the Nevada Rules of Civil Procedure, the defense may be waived. However, because the civil rules require affirmative defenses to be pled in the answer, SOL defenses are routinely raised early in civil litigation.