Colorado Statute of Limitations: Deadlines by Case Type

Colorado's statute of limitations framework sets legally enforceable deadlines by which civil claims must be filed and criminal charges must be brought. These deadlines vary by case type — ranging from 1 year for certain tort claims to no limit at all for first-degree murder — and missing them typically bars a claim regardless of its underlying merit. The framework is codified primarily in Colorado Revised Statutes Title 13, Article 80 and in scattered provisions throughout the criminal code under C.R.S. Title 16.

Definition and scope

A statute of limitations is a legislatively enacted time boundary within which a legal action must be initiated. In Colorado, the legislature — not the courts — sets these periods, meaning they carry the force of statute and can be amended only by legislative action. Courts may toll (pause) or extend these periods in defined circumstances, but cannot override them absent statutory authority.

The primary civil limitations statute is C.R.S. § 13-80-101 et seq., which governs general civil actions. Specialized statutes govern medical malpractice (C.R.S. § 13-80-102.5), product liability, professional negligence, and actions against government entities under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109).

Scope coverage: This page applies to civil and criminal deadlines enforced in Colorado state courts under Colorado statutes. Federal claims filed in U.S. District Court for the District of Colorado operate under separate federal limitations periods set by Congress and are not covered here. Tribal court proceedings within recognized Colorado tribal jurisdictions follow their own sovereign frameworks and fall outside the scope of this reference. Claims arising under Colorado administrative law — including agency enforcement deadlines — are governed by agency-specific rules detailed in the Colorado Administrative Procedures Act and are addressed separately in Regulatory Context for Colorado's Legal System.

How it works

A statute of limitations period begins running — "accrues" — at a defined triggering event. In most civil cases, accrual begins when the plaintiff knew or reasonably should have known of the injury and its cause. This "discovery rule" is codified in C.R.S. § 13-80-108.

The mechanism operates in three discrete phases:

1. Accrual — The clock starts. For contract disputes, this is typically the date of breach. For personal injury, it is the date of injury or the date the injury was discovered (whichever triggers the applicable rule). For minors, accrual is tolled until the minor reaches age 18, per C.R.S. § 13-81-103.

2. Tolling — The clock pauses. Colorado recognizes tolling for minority, legal disability, fraudulent concealment by a defendant, absence of the defendant from Colorado, and in some cases, the discovery rule's application. Each tolling ground requires specific factual support; courts do not toll limitations periods automatically.

3. Expiration and bar — Once the period runs without a filed complaint, the claim is time-barred. The defendant must affirmatively raise the statute of limitations as an affirmative defense under Colorado Rules of Civil Procedure Rule 8(c); courts do not dismiss time-barred claims sua sponte in civil matters.

For government entities, an additional pre-suit requirement applies: claimants must file a written Notice of Claim within 182 days of the incident under the Colorado Governmental Immunity Act (C.R.S. § 24-10-109). Failure to meet this notice requirement — separate from the limitations period — independently bars the claim.

Common scenarios

The following deadlines apply under Colorado statute. All citations reference the Colorado Revised Statutes as published by the Office of Legislative Legal Services:

Criminal limitations under C.R.S. § 16-5-401 impose a 3-year period for most class 1, 2, and 3 felonies, with exceptions. First-degree murder carries no limitations period. Class 4, 5, and 6 felonies are subject to a 3-year period. Misdemeanors generally carry an 18-month period. DNA-based identification of an unknown perpetrator may toll the criminal period until identification occurs.

Decision boundaries

Several distinctions control whether a Colorado limitations period applies, has run, or can be extended:

Repose vs. discovery: A statute of repose — such as the 3-year absolute ceiling in medical malpractice or the 10-year product liability repose — extinguishes a claim regardless of when it was discovered. This differs from the limitations period, which can be extended by the discovery rule. The Colorado Supreme Court clarified this distinction in interpreting C.R.S. § 13-80-102.5; repose periods are not subject to tolling for discovery.

Government defendants vs. private defendants: Claims against government entities trigger the 182-day notice requirement before the standard limitations clock is relevant. Private defendants face no pre-suit notice requirement in most civil categories.

Minors and legal disability: Colorado statutes toll the period for minors until age 18 (C.R.S. § 13-81-103). Adults under legal disability receive equivalent protection. However, the medical malpractice repose period applies to minors only with specific modifications under C.R.S. § 13-80-102.5(2).

Continuous treatment doctrine: Colorado recognizes that in medical malpractice, the limitations period may not accrue until treatment for the same condition concludes, preventing accrual from running while the patient-provider relationship is ongoing.

Federal vs. state limitations: Claims brought under 42 U.S.C. § 1983 (civil rights) in Colorado borrow the 2-year personal injury period under Colorado law, as directed by the U.S. Supreme Court's Wilson v. Garcia (1985) framework — but the accrual rules are federal, not state. This distinction is addressed in the overview of Colorado's legal system on this site alongside the broader civil procedure framework.

Professionals navigating these deadlines across jurisdictions — including matters touching the Tenth Circuit Court of Appeals — should distinguish between state accrual rules and federally borrowed periods, as they operate under different triggering standards.

References

• Colorado Revised Statutes Title 13 (Courts and Court Procedure) — Office of Legislative Legal Services
• Colorado Revised Statutes Title 16 (Criminal Proceedings) — Office of Legislative Legal Services
• Colorado Revised Statutes Title 24 (Government — State) — Office of Legislative Legal Services
• Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq.
• Colorado Rules of Civil Procedure — Colorado Judicial Branch
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