statute of limitations


Also found in: Dictionary, Thesaurus, Medical, Legal, Acronyms, Encyclopedia, Wikipedia.

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 ?
In one respect, Oregon law already accounts for the possibility of fresh evidence in rape cases: The statute of limitations is waived if DNA evidence identifies a rape suspect.
33) These included a new statute of limitations, which replaced the old five-year period found in the Public Disclosure Act.
Another important aspect of the statute of limitations involves the waiver of the statute through voluntary consent.
Although the Trustees assumption of the role of permanent trustee occurred on June 30, 2011, more than two years from the order for relief, the Bankruptcy Court considered the Trustee's earlier appointment as interim trustee on May 13, 2011 as the event that triggered the additional one-year extension of the statute of limitations, thereby rendering the actions timely commenced.
85) For continuing offenses, the statute of limitations does not begin to run when the perpetrator has satisfied each of the elements of the offense.
He recently met with President Abdullah GE-l to ask him to use his political influence to urge Parliament to do something to prevent the cases from being dropped due to the statute of limitations.
But the convictions were all either overturned on appeal or expired under the statute of limitations.
A recent unpublished decision by the Court of Appeals of Indiana sheds light on how a typical state's statute of limitations law will apply to an appraisal negligence claim--the most common professional liability claim alleged against appraisers.
Filing the FTB return will start the statute of limitations, as it would be considered as filing a use tax return.
Currently in Virginia, the statute of limitations for sexual abuse is two years from when the person is 18 years old, from the time of the abuse, or from the time of discovery.
2) There is no bright-line rule, and the applicability of statute of limitations to compulsory counterclaims has been individually determined across state and federal courts.
The court held, inter alia, that generally, a cause of action alleging medical malpractice accrues on the date of the alleged wrongful act or omission, and the statute of limitations begins running on that date.