Supreme Court Rules - Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon: Period of Limitation

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	5.085
Subject:	Rule 5 - Rules Governing the Missouri Bar and the Judiciary - Complaints and Proceedings Thereon	Publication / Adopted Date:	December 1, 2006
Topic:	Period of Limitation	Revised / Effective Date:	January 1, 2023

5.085 Period of Limitation

(a) Investigations under this Rule 5 may be initiated only within five years after the Chief Disciplinary Counsel knows or should know of the alleged acts of misconduct. If the investigation involves a course of alleged misconduct, the time of limitation shall date from the last act of alleged misconduct. Investigations relating to a felony, requests for reciprocal discipline under Rule 5.20, and requests for discipline under Rule 5.21 are not subject to any time limitation.

(b) The limitation period is tolled during any time tolling would be allowed in law, including the period:

(1) The lawyer actively conceals the professional misconduct;

(2) The complainant has not attained the age of 18 years; or

(3) The complainant is incapacitated.

(Adopted January 31, 2006, effective January 1, 2007; Amended May 31, 2022, effective January 1, 2023.)