Defamation Statute of Limitations in Maryland
Last verified 2026-07 · Source: Md. Code Ann., Cts. & Jud. Proc. § 5-105 ✓ verified · 3 sources
The deadline
1 year
from Date the cause of action accrues (date of publication of defamatory statement), under Md. Code Ann., Cts. & Jud. Proc. § 5-105.
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The deadline to file a defamation lawsuit in Maryland is 1 year, set by Md. Code Ann., Cts. & Jud. Proc. § 5-105. It starts running on Date the cause of action accrues (date of publication of defamatory statement). This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Maryland Deadlines for Related Claims
When the Clock Starts
In Maryland, the limitations period for defamation and libel claims generally begins on Date the cause of action accrues (date of publication of defamatory statement). Maryland does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: For local government claims, the Maryland Local Government Tort Claims Act (Md. Code Ann., Cts. & Jud. Proc. § 5-304) requires notice within 1 year. For state government claims, notice within 1 year under Md. Code Ann., State Gov't § 12-106.
Section 5-105 expressly covers 'assault, libel, or slander' — Maryland has one of the shortest defamation limitations periods in the US at 1 year. Under § 5-201, minority tolls the period but a cap applies.
Source: Md. Code Ann., Cts. & Jud. Proc. § 5-105, official Maryland statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Maryland government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Maryland Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Maryland | 1 year | Md. Code Ann., Cts. & Jud. Proc. § 5-105 |
| Virginia | 1 yr | Va. Code Ann. § 8.01-247.1 |
| West Virginia | 1 yr | W. Va. Code § 55-2-12 |
| Pennsylvania | 1 yr | 42 Pa.C.S. § 5523(1) |
| Delaware | 2 yrs | 10 Del. C. § 8119 |
| District of Columbia | 1 yr | D.C. Code § 12-301(4) |
Frequently Asked Questions
How long do I have to file a defamation lawsuit in Maryland?
You have 1 year from Date the cause of action accrues (date of publication of defamatory statement), under Md. Code Ann., Cts. & Jud. Proc. § 5-105.
Can I still sue after 1 years in Maryland?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Maryland generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
For local government claims, the Maryland Local Government Tort Claims Act (Md. Code Ann., Cts. & Jud. Proc. § 5-304) requires notice within 1 year. For state government claims, notice within 1 year under Md. Code Ann., State Gov't § 12-106.
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Sources
- Official Maryland Courts and Judicial Proceedings § 5-105 - Assault, Libel, or Slander (Maryland General Assembly)
- Corroborating Maryland Code, Courts and Judicial Proceedings § 5-105 - Justia US Law
- Corroborating Maryland Law on the Statute of Limitations - Miller and Zois Attorneys
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.