Statute of Limitations in the United States

A law that establishes a time period within which legal action must commence. Statutes of limitation are legislative enactments and the operative time limits vary across jurisdictions and by the issue involved. Statutes of limitation typically set limits of three, five, or seven years. These limits apply to almost every kind of legal action, criminal or civil. In criminal cases, a statute of limitation is viewed as an act of “grace” whereby the state relinquishes its right to prosecute. Serious crimes such as murder are excepted from statutes of limitation and prosecution may be initiated at anytime.

Analysis and Relevance

Statutes of limitation require that legal actions be commenced in a timely fashion. Statutes of limitation apply to criminal prosecutions (with some exceptions), civil litigation, and the enforcement of legal rights. Several policy objectives are served by statutes of limitation. The first is that at some point in time a person need no longer be concerned about the commencement of legal action against him or her. Second, there is a view that legal claims are eventually forfeited. In other words, persons ought not be able to put legal claims “on hold” for an unreasonable period of time. Finally, disputes ought to be adjudicated using evidence that is as “fresh” as possible. The reliability of fact-finding diminishes as evidence gets “stale,” and a time limit encourages timely commencement of legal actions.

Notes and References

Definition of Statute of Limitations from the American Law Dictionary, 1991, California

Plain-English Law

Statute Of Limitations as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

statute of limitations

Practical Information

Note: Some of this information was last updated in 1982

A state ordinance that limits the time within which legal action may be brought, either upon a contract (in U.S. law) or tort (in U.S. law). State and federal statutes also limit the time within which certain crimes can be prosecuted. The purpose of the time limitation is to make it impossible to bring suit many years after a cause of action originates, during which time witnesses may have died or important evidence may have been lost. When a debt is involved, it is possible to interrupt (or “toll”) the running of the statute that is, to lengthen the period in which action may be brought by obtaining a payment on the debt or a promise to pay. A promise to pay a debt that has been barred by the statute of limitations does not require new consideration but many states require such a promise to be in writing. The statutes often differentiate between oral and written contracts.

(Revised by Ann De Vries)

What is Statute Of Limitations?

For a meaning of it, read Statute Of Limitations in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Statute Of Limitations.

The United States Civil Statute of Limitations

Summary of the United States's civil statute of limitations, which dictates time limits for filing a civil action and is intended to maintain the integrity of evidence and ensure greater efficiency. There is a list of the United States's statutes of limitations for various kinds of civil actions, including defamation; professional malpractice; fraud; personal injury; false imprisonment; damage to personal property; trespassing; and other types of civil actions.

Resources

Statute of Limitations meaning

At common law rights do not extinguish: thus to prevent outdated or “stale” lawsuits statutes of limitations were introduced which limit the amount of time after an injury wherein a plaintiff may seek relief. Such statutes can be justified as they prevent loss of evidence and remote claims. Failure to bring lawsuit prior to expiration of the statute of limitations will bar an action completely.

Statute of Limitations Definition in the context of the Federal Court System

A law that sets the deadline by which parties must file suit to enforce their rights. For example, if a state has a five-year statute of limitations for breaches of contract, and John breached a contract with Susan on January 1, 2005, Susan must file her lawsuit by January 1, 2010. If the deadline passes, the “statute of limitations has run” and the party may be prohibited from bringing a lawsuit; i.e., the claim is “time-barred.” Sometimes a party’s attempt to assert his or her rights will “toll” the statute of limitations, giving the party additional time to file suit.

Statute Of Limitations