Overview

Indiana’s general statute of limitations for common law fraud/deceit is 5 years under Indiana Code § 35-41-4-2. No claim-type-specific sub-rule was provided for common law fraud or deceit, so the default period is the operative rule here.

For a reference page, the practical question is simple: when does the clock start, and what facts move the deadline? DocketMath’s statute-of-limitations calculator helps you estimate that by combining the claim date, discovery timing, and any tolling facts you enter.

Common law fraud and deceit claims often turn on a misrepresentation, reliance, and resulting loss. On the limitations side, the key issue is not the label of the claim alone; it is whether the case falls within Indiana’s general 5-year period and whether any exception pauses or extends the deadline.

Limitation period

The default limitations period is 5 years. Indiana Code § 35-41-4-2 supplies the general period referenced for this jurisdiction, and no separate fraud/deceit-specific sub-rule was identified in the supplied jurisdiction data.

Here is the practical reading of that rule:

A calculator built for limitations analysis usually needs a few core inputs:

• Date the alleged fraud occurred
• Date the injury or loss was discovered
• Date the defendant’s conduct ended
• Any tolling facts, such as minority or concealment
• Filing date you want to test

Those inputs matter because the output changes depending on whether the clock is measured from the wrongful act, the discovery of the harm, or a later date affected by tolling. A single-day difference can move the result from timely to time-barred.

For example, if the operative start date is January 10, 2020, a 5-year period would ordinarily expire on January 10, 2025. If a tolling rule applies for 6 months, the estimated deadline shifts to about July 10, 2025. DocketMath shows that effect directly so you can compare scenarios quickly.

Key exceptions

Indiana’s default 5-year period can change if a tolling rule or a different statute applies. In fraud/deceit matters, the most common deadline-changing issues are delayed discovery, concealment, and disability-based tolling.

Use this checklist to spot deadline changes:

Fraud cases often involve concealment, which is why the accrual date can become the real battleground. If a defendant’s conduct prevented discovery of the claim, the clock may not run the same way it would for an ordinary injury claim. That is exactly the sort of issue the calculator is designed to stress-test.

A useful way to think about the outputs:

If you are using DocketMath for a live matter, the best workflow is to test more than one plausible accrual date. That gives you a conservative deadline and a discovery-based deadline side by side, which is often the fastest way to identify risk.

Statute citation

The jurisdiction citation provided for this page is Indiana Code § 35-41-4-2. That is the statute you should cite for the general 5-year limitations period in this reference page context.

Citation format for quick use:

• Indiana Code § 35-41-4-2
• General limitations period: 5 years

For readers who need the source text, the jurisdiction data supplied for this page links to:

• https://law.justia.com/codes/indiana/2022/title-35/article-41/chapter-4/section-35-41-4-2/?utm_source=openai

When you are documenting a deadline internally, keep the citation paired with the date math. A clean note might look like this:

• Claim type: common law fraud/deceit
• Statute used: Indiana Code § 35-41-4-2
• Default period: 5 years
• Start date tested: [enter event or discovery date]
• Deadline result: [enter calculated expiration date]

That structure makes the analysis auditable and easier to update if new facts change the accrual date.

Use the calculator

DocketMath’s statute-of-limitations calculator estimates the deadline by applying the 5-year Indiana period to your selected dates and tolling facts. It is built to answer the practical question: “If the claim started on this date, when does it expire?”

Use it when you want to compare several versions of the timeline:

1. Enter the event date for the alleged fraud or deceit.
2. Enter the discovery date if the injury was uncovered later.
3. Add tolling facts if there was concealment, minority, or another pause.
4. Set the filing date to test whether the claim is timely.
5. Review the result and compare alternate scenarios.

The output changes as your inputs change:

A good habit is to run at least two scenarios:

• a conservative scenario based on the earliest plausible accrual date
• a claimant-favorable scenario based on discovery or tolling facts

That comparison helps you see the full range of deadline exposure before you file or respond.

If you want to test a date quickly, use the tool here: /tools/statute-of-limitations.

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