Statute of Limitations – Federal and state statutes prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or the offense

discovery rule:
(1916)

1. Civil procedure. The rule that a limitations period does not begin to run until the plaintiff discovers (or reasonably should have discovered) the injury giving rise to the claim. * The discovery rule usually applies to injuries that are inherently difficult to detect, such as those resulting from medical malpractice. See STATUTE OF LIMITATIONS; ACCRUAL RULE. Cf. OCCURRENCE RULE. [1]

statute of limitations:
(18c)

1. A law that bars claims after a specified period; specifically , a statute establishing a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered).  The purpose of such a statute is to require diligent prosecution of known claims, thereby providing finality & predictability in legal affairs & ensuring that claims will be resolved while evidence is reasonably available & fresh. — aka nonclaim statute, limitations period. [1]

1. Federal and state statutes prescribing the maximum period of time during which various types of civil actions and criminal prosecutions can be brought after the occurrence of the injury or the offense. [2]

limitations of action:

1.The period of time during which a  civil action may be brought after the injury occurs or becomes known; the period of time during which a criminal prosecution may be initiated after the crime is committed.   Limitations periods (aka statutory periods) vary in length from jurisdiction to jurisdiction with the type of action being litigated or crime being prosecuted. [2]

1. The policy of the state as expressed in a statute of limitations prescribing the period of time within which an action or proceeding in law or in equity must be brought.  34 Am J1st Lim Ac § 3

The policy of the state as expressed in a statute of limitations prescribing the period of time within which a criminal prosecution must be commenced.  21 Am J2d Crim L § 154.

The policy of the parties to a contract as expressed by a provision of the contract limiting the period of time within which an action or proceeding may be brought upon the contract.  34 Am J1st Lim Ac § 67. [3]

     Excerpt from Order of r. R. Telegraphers v. Railway Express Agency (1944):

     “Statutes of limitations, like the equitable doctrine of lachesin their conclusive effects are designed to promote justice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, & witnesses have disappeared.” [4]

2. A statute establishing a time limit for prosecuting a crime, based on the date when the offense occurred. — Abbr. S/L; SOL.

      Excerpt from Toussie v. United States (1970):

     “The purpose of a statute of limitations is to limit exposure to criminal prosecution to a certain fixed period of time following the occurrence of those acts the legislature has decided to punish by criminal sanctions. Such a limitation is designed to protect individuals from having to defend themselves against charges when the basic facts have become obscured by the passage of time
& to minimize the danger of official punishment because of acts in the far distance past. Such a time limit may also have the salutary effect of encouraging law enforcement officials promptly to investigate suspected criminal activity. [5]

limitation:
(14C)

1. The act of limiting; the quality, state, or condition of being limited.

2. A restriction.

3. A statutory period after which a s lawsuit or prosecution cannot be brought in court. — aka limitations period; limitation period; limitation of action.

4. PropertyThe restriction of the extent of an estate; the creation by deed or devise of a lesser estate out of a fee simple.

Similar Terms and Related Doctrines:

Laches – unreasonable and/or negligent delay in pursuing a right or claim, thereby causing a court to deny relief that would otherwise have been granted. — aka sleeping on rights; doctrine of state demand.

Statute of Repose – unlike statute of limitations, statutes of repose establish a maximum period of time in which an action can be brought (civil cases).

References:

[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[4]: Order of r. R. Telegraphers v. Railway Express Agency, 321 348-49, 64 S.Ct. 582, 586 (1944)

[5]: Toussle v. U.S. 397 U.S. 112, 90 S.Ct. 858 (1970)

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Notice: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!