Statute of Limitations for Assault and Battery (intentional tort) in Michigan

7 min read

Published April 8, 2026 • By DocketMath Team

Overview

Michigan uses a 6-year statute of limitations for assault and battery claims treated as intentional torts under the general civil limitations rule. The default statute cited for this period is MCL § 767.24(1), and no separate claim-type-specific shorter rule was identified for assault and battery in the supplied jurisdiction data.

For a reference page, the key takeaway is simple: if you are counting a Michigan assault or battery deadline as a civil intentional tort, the starting point is the 6-year general period unless a recognized exception changes the clock.

Here’s the practical way to think about it:

  • Assault and battery are commonly pled as intentional tort claims.
  • In Michigan, the general/default limitation period is 6 years.
  • The deadline usually runs from the date the claim accrues, which is often the date of the incident.
  • Because no special sub-rule was identified in the jurisdiction data, the general rule controls.

Note: This page is a reference summary for deadline calculation, not legal advice. For filing strategy, the operative question is usually when the claim accrued and whether any exception tolls the clock.

If you are tracking a deadline, DocketMath’s statute of limitations tool can help you calculate the last day to file once you enter the relevant dates.

Limitation period

The limitation period is 6 years in Michigan for this intentional tort category under the general rule. That means a plaintiff generally has six years from accrual to file suit.

A useful filing checklist:

  • Identify the incident date
  • Confirm whether the claim is being analyzed as a civil assault or battery tort
  • Check whether the case involves a minor, concealed conduct, or another tolling issue
  • Count forward 6 calendar years
  • Confirm the final filing date against the court’s filing rules

How the calculator uses your inputs

DocketMath’s calculator turns date inputs into a filing deadline. The output changes based on the dates you provide:

InputWhy it mattersEffect on output
Incident dateUsually the accrual date for an assault or battery claimStarts the 6-year count
Discovery dateRelevant only if an exception or delayed-accrual theory appliesMay move the deadline later
Tolling periodPauses the clock if a valid tolling rule appliesExtends the deadline
Filing dateLets you compare the actual filing date to the deadlineShows whether the claim is timely

A simple example:

  • Incident date: May 1, 2020
  • General Michigan limitations period: 6 years
  • Deadline: May 1, 2026

That is the baseline calculation when no exception applies.

Key exceptions

Michigan’s default 6-year period can be extended or altered if a tolling rule, accrual rule, or procedural exception applies. The supplied jurisdiction data did not identify a special assault-and-battery-specific sub-rule, so the general rule remains the starting point.

Common issues to check include:

1) Tolling for legal disability or minority

If the plaintiff was under a legal disability or a minor when the claim accrued, Michigan tolling rules may affect the deadline. That can extend the time to sue beyond the ordinary 6-year period depending on the governing tolling statute and the facts.

2) Delayed accrual arguments

Some claims do not accrue on the incident date if the law treats the injury or its cause as later discovered. For a straightforward assault or battery, the clock often starts at the event itself, but you should still verify whether the facts support a different accrual date.

3) Related claims with different deadlines

A case labeled “assault and battery” may also include other causes of action, such as negligence or civil rights claims, and those claims may carry different limitation periods. The deadline for one count does not control every other count.

4) Government or public-entity issues

If the defendant is a public entity or government employee, notice rules, immunity defenses, or different procedural deadlines may affect the case. Those issues can matter even where the general limitations period is 6 years.

5) Criminal case status does not freeze the civil clock

A related criminal investigation or prosecution does not automatically stop the civil statute of limitations. The civil deadline still needs to be tracked separately.

Warning: Do not assume a police report, criminal charge, or settlement discussion pauses the filing deadline. Unless a tolling rule applies, the 6-year clock keeps running.

Quick exception checklist:

Statute citation

The jurisdiction data supplied for Michigan identifies MCL § 767.24(1) as the general statute supporting a 6-year limitations period. Because no claim-type-specific sub-rule was found in the provided data, this general/default period is the controlling reference for this page.

Citation details

ItemMichigan reference
General limitation period6 years
General statuteMCL § 767.24(1)
JurisdictionMichigan
CodeUS-MI
Sourcemichigan.gov

For deadline analysis, the statute citation matters because it anchors the calculator output to the correct legal period. If the input facts fall within the general intentional tort framework, the tool should use the 6-year period.

When you are documenting the rule in a case file or workflow, a concise citation note may look like this:

  • Michigan civil assault/battery limitations period: 6 years
  • **Authority: MCL § 767.24(1)
  • Default rule applies absent a recognized exception

Use the calculator

Use DocketMath’s statute of limitations tool to calculate the filing deadline from the incident date and any tolling dates. The calculator is built for fast deadline checks when you need to know whether a Michigan assault or battery claim is timely.

What to enter

To get the most accurate result, enter:

  • Incident date: the date the alleged assault or battery occurred
  • Accrual date: use this only if your claim accrued later than the incident
  • Tolling dates: any period that pauses the clock
  • Filing date: if you want to test whether a complaint was timely filed

What the output tells you

The calculator can show:

  • The last day to file
  • Whether the date is inside or outside the limitations period
  • The effect of any tolling period
  • The difference between the event date and the deadline date

Practical workflow

  1. Confirm the claim is being analyzed as a civil assault or battery claim.
  2. Use the 6-year default period.
  3. Add any tolling or delayed-accrual dates.
  4. Compare the calculated deadline to the planned filing date.
  5. Save the result in the case file for reference.

That workflow keeps the deadline review reproducible and easy to audit.

Sources and references

Start with the primary authority for Michigan and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

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