statute of limitations

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statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

References in periodicals archive ?
Two types of statutes of limitation affect corporate taxpayers: (1) statutes of limitation limiting the standard period for tax assessments and taxpayer refund claims, and (2) statutes of limitation extending the standard period for assessments and refund claims when a taxpayer reports changes from a federal tax return examination or on an amended return.
This interpretation is consistent with the broad aims of the PRA, is beneficial to government agencies, and is in line with the purpose of statutes of limitations.
This article will serve as an introduction to statutes of limitations, detail the laws of a few Gulf region countries, as well as explain why businesses conducting trade in the Gulf region need to know about them when they pursue enforcement on a claim.
If the government's interest in prosecuting crimes, and the goals of just deserts and victims' rights were the only considerations, statutes of limitations might well be "arbitrary," but other weighty considerations argue in favor of having time-bars to prosecution.
Statutes of limitation are statutes of repose-they are designed to bar stale claims.
1978) (holding in products liability cases three years begin at time of injury); CORMAN, supra note 24, at 11-12 (outlining purpose of statutes of limitations); see also Baughman, supra note 4, at 1070 (commenting purpose of statutes of limitation to prevent surprise on unsuspecting defendants); Mack, supra note 1, at 181 (noting statutes of limitation clear dockets, punish sleeping plaintiffs, and protect defendants from stale claims).
2d 83 (1963),8 a Connecticut court held that "[a]rbitration is not a common-law action, and the institution of arbitration proceedings is not the bringing of an action under any of our statutes of limitation.
Courts have split as to whether the doctrine has survived the abrogation of sovereign immunity, (54) whether it applies to municipalities in addition to state governments, (55) whether it applies to statutes of repose in addition to statutes of limitation, (56) and whether the government may bring suit in a proprietary role.
Statutes of limitation and of repose, and their parallel doctrines in other branches of the law, have been around for a very long time.
At issue was a California law that allowed the prosecution of child molesters and other sex offenders after the statutes of limitations in effect when they were charged had expired.
Again the answer is no, in that Cooley's own respected head of appellate practice studied the issue at Cooley's request and told Cooley in writing that there are no statutes of limitation precluding current prosecution, though they may run out in September of this year.
657, 672 (1913) ("The policy of statutes of limitation is to encourage promptness in the bringing of actions, that the parties shall not suffer by loss of evidence from death or disappearance of witnesses, destruction of documents or failure of memory.