The Statute of Limitations Act

Overview of the Statute of Limitations Act

The Statute of Limitations Act--commonly referred to as the statute of limitations--is a law on the books of all states and on the federal level as well. The Statute of Limitation Act established the deadline by which civil and criminal actions must be commenced in a court of law. The specific provisions of each state's statute of limitations vary from state to state. However, the underlying principles and concepts are the same from jurisdiction to jurisdiction.

Function

The primary function of the statute of limitations or Statute of Limitations Act is to ensure that civil and criminal cases commence in a timely action. The principle is that only through a timely pursuit of civil and criminal cases is justice served.

Time Frame

The time frame in which different types of cases commence varies. For example, non-violent felony criminal cases must be filed within five years pursuant to the statute of limitations. Personal injury cases must be filed within two or three years of the incident that gave rise to the damages.

Significance

The failure to comply with the time lines established in the statute of limitations prevents a case from ever commencing. In other words, if you fail to file a lawsuit within the time period established by the Statute of Limitations Act, you never can bring that case. Similarly, if a prosecuting attorney fails to file charges within the time frame established by the statute of limitations, the case can never be pursued.

Codes of Civil and Criminal Procedure

The codes of civil and criminal procedure in force in each state includes the Statute of Limitations Act. Similarly, the State of Limitations Act on the federal level is found in the appropriate codes of civil and criminal procedure.

Expert Insight

Facing statutes of limitations issues, consider retaining an attorney. The local and state bar associations maintain directories of attorneys in different practices areas that provide representation to clients dealing with the statute of limitations. Contact information for these organizations is available through the American Bar Association:

American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org/barserv

References

• "Civil Procedure Examples & Explanations"; Joseph W. Glannon; 2008
• "Criminal Procedure Examples & Explanations"; Robert M. Bloom; 2007
• Legal Dictionary: Statute of Limitations
• Michigan Statute of Limitations: Negligence and Personal Injury
• Statute of Limitations: Federal Statutes

Resources

• Statute of Limitations: State by State Guide
• American Bar Association: Directory of State and Local Bar Associations