Statute of limitations

Statute of limitations

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. When the period specified in a statute of limitations passes, a claim might no longer be filed, or, if filed, may be liable to be dismissed as time-barred. The intention behind these laws is to ensure that cases are brought to court in a timely manner, ensuring evidence is fresh and reliable.

Purpose

The primary purpose of statutes of limitations is to protect defendants. Over time, evidence may be lost, memories may fade, and witnesses may become unavailable. By limiting the time during which a lawsuit can be filed, the law aims to ensure fairness and justice.

Types of Statutes of Limitations

Statutes of limitations can vary significantly depending on the type of claim. Common categories include:

• Criminal law: Different crimes have different statutes of limitations. For example, murder typically has no statute of limitations, while lesser offenses may have shorter periods.
• Civil law: This includes personal injury, breach of contract, and property damage claims. Each type of claim has its own statute of limitations.
• Medical malpractice: These claims often have specific statutes of limitations that may differ from general personal injury claims.

Tolling and Exceptions

Certain circumstances can "toll" or pause the statute of limitations, extending the time period in which a lawsuit can be filed. Common reasons for tolling include:

• The plaintiff is a minor.
• The defendant is out of the jurisdiction.
• The plaintiff is mentally incapacitated.

Jurisdictional Variations

Statutes of limitations vary widely between different jurisdictions. Each state or country may have its own laws specifying the time limits for various types of claims. It is important to consult local laws to determine the applicable statute of limitations.

Related Legal Concepts

• Laches (equity): A similar doctrine in equity law that bars claims where there has been an unreasonable delay in pursuing them.
• Prescription (law): A concept in civil law jurisdictions similar to the statute of limitations.
• Double jeopardy: A procedural defense that prevents an accused person from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.

See Also

• Criminal procedure
• Civil procedure
• Legal ethics
• Due process
• Equity (law)