What is the Definition of Statute of Limitations?
A statute of limitations sets a time limit on when a civil suit may be filed or a crime may be prosecuted. The time limit starts from when the harm or crime occurred.
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Purpose
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The Encyclopedia Britannica explains that limits "are enacted to protect persons against claims made after disputes have become stale, evidence has been lost, memories have faded or witnesses have disappeared."
Jurisdiction
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State law or federal law sets the legal time limit, depending on where the act occurred and who has jurisdiction. In a suit based on an accident in a particular state, for example, that state's law usually sets the legal time limit.
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Time Allowed
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The time allowed depends on the type of harm or crime. The minimum statutory limit for civil suits is usually one year. Most states and the federal government set no time limit for certain crimes, including first-degree murder.
Exceptions
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When the person harmed is a minor or has a mental incapacity, the time to file the action may be extended.
Warning
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A statute of limitations is not automatic. The defendant brings the statute to the court's attention. This defense is included in the answer to a civil suit or in a motion to dismiss a civil or criminal case.
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References
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- Photo Credit Image by Flickr.com, courtesy of Eliazar Parra Cardenas
