Statute of limitations

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A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods."

Applications

A common law legal system might have a statute limiting prosecution for crimes called misdemeanors to two years. In such a state, if a person is discovered to have committed a misdemeanor three years ago, he or she cannot now be prosecuted for it. Or a contract can only be sued upon for breach of performance from six years after the contracted performance became due.

In contrast, Canada has a criminal limitations periods only for summary (less serious) offences. The period is six months from the date of the offence. Thus, for instance, a Canadian can only be charged with an "indecent act" within six months of the time of offence, unless both the Crown and the defence agree. In the case of indictable (more serious) offences, if a hypothetical assailant committed sexual assault, the assailant could be charged any time in the future—even if the crime happened twenty years ago.

A crime (in the case of a criminal prosecution) or a cause of action (in a civil lawsuit) is said to have accrued when the event beginning its time limitation occurs. Sometimes this is the event itself that is the subject of the suit or prosecution (such as a crime or personal injury), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial "repressed memory" cases where someone discovers memories of childhood sexual abuse during therapy long afterwards.

An idea closely related, but not identical, to the statute of limitations is a statute of repose. This often applies to buildings and properties, and limits the time during which an action may lie based upon defects or hazards connected to the construction of the building or premises. An example of this would be that if a person is electrocuted by a wiring defect incorporated into a structure in, say, 1990, a state law may allow his heirs to sue only before 1997 in the case of an open (patent) defect, or before 2000 in the case of a hidden defect. Statutes of repose can also apply to manufactured goods. Manufacturers contend they are necessary to avoid unfairness and encourage consumers to maintain their property. Consumer groups argue that statutes of repose on consumer goods provide a disincentive for manufacturers to build durable products and to notify consumers of product defects as the manufacturers become aware of them. Consumer groups also argue that such statutes of repose disproportionately affect poorer people, since they are more likely to own older goods.

Philosophical justifications

One reason for statutes of limitations is fairness; that is, over time memories fade, evidence is lost or never found, and people prefer to get on with their lives without legal intrusions from the past. The length of these statutes varies from country to country, state to state, or province to province, and often depends on the type of civil action or the seriousness of the crime. Some crimes such as murder or war crimes (see Rome Statute) are so horrific to society that they have no limitations period in some jurisdictions. Generally causes of action relating to real property have longer limitations periods, slander and libel usually have short periods. Japan is one country that does have a statute of limitations for murder. There, if one can manage to evade the law for 25 years after committing a homicide, they will be free to go public with details of the crime.

From time to time, controversy arises because some horrific crimes have been discovered, but their perpetrator may finally escape due to the statute of limitation or prescription.

Another reason for statutes of limitations is closure or certainty. At some point, society will no longer make its tribunals available for dispute resolution. Eventually, law enforcement agencies will stop using public resources to investigate a given crime. For civil actions, statutes of limitations usually range between one and ten years. In Nevada, for example, it is two years and in New Mexico and New York, three.

In California until 2003, the statute of limitations for most personal injury actions (including those resulting from car accidents) was one year from the date of the accident. Now, it is two years from the date of the accident, the change effective on January 1, 2003. (See Cal Code Civ Proc § 335.1 (2006: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another")).

Expiration

Once the statute of limitations on a case runs out, if a party raises it as a defense any further litigation is foreclosed. Most jurisdictions provide that limitations are tolled under certain circumstances. Tolling will prevent the time for filing suit from running while the condition exists. Examples of such circumstances are if the aggrieved party (plaintiff) is a minor, or the defendant has filed a bankruptcy proceeding. In those instances, in most jurisdictions, the running of limitations is tolled until the circumstance (i.e. the injured party reaches majority in the former or the bankruptcy proceeding is concluded in the latter) no longer exists.

There may be a number of factors which will affect the tolling of a statute of limitations. In many cases, the discovery of the harm (as in a medical malpractice claim where the fact or the impact of the doctor's mistake is not immediately apparent) starts the statute running. In some jurisdictions the action is said to have not accrued until the harm is discovered, while in others the action accrues when the malpractice occurs, but an action to redress the harm is tolled until the injured party discovers the harm. An action to redress a tort committed against a minor is generally tolled in most cases until the child reaches the age of majority. A ten-year-old who is injured in a car accident might therefore be able to bring suit one, two or three years after he turns 18.

It may also be inequitable to allow a defendant to use the defence of the running of the limitations period, such as the case of an individual in the position of authority over someone else who intimidates the victim into never reporting the wrongdoing, or where one is led to believe that the other party has agreed to suspend the limitations period during good faith settlement negotiations or due to a fraudulent misrepresentation.

Generally speaking, in the case of private, civil matters the limitations period may be shortened or lengthened by agreement of the parties. Under the Uniform Commercial Code the parties to a contract for sale of goods may reduce the limitations period to not less than one year but may not extend it.

While such limitations periods generally are issues of law, limitations periods known as laches may apply in situations of equity (i.e., a judge will not issue an injunction if the party requesting the injunction waited too long to ask for it), such periods are not clearly defined and are subject to broad judicial discretion.

For US military cases, the Uniform Code of Military Justice states that all charges except for those facing general court martial (where a death sentence could be involved) have a five year statute of limitation. This statute changes once charges have been prepared against the service member. In all supposed UCMJ violations except for those headed for general court martial, should the charges be dropped, there is a six month window in which the charges can be reinstated. If those six months have passed and the charges have not been reinstated, the statutes of limitation have run out.

See also

• Statute of repose
• Tort reform

External links

• Statute of Limitations with regards to debt collection
• Debt Statute of Limitations