Statute of limitations


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Statute of limitations

A statute specifying the period of time within which legal action must be brought for alleged damages or injury; in construction industry cases.

statute of limitations

A statute specifying the period of time within which legal action must be brought for alleged damage or injury. The lengths of the periods vary from state to state and depend upon the type of legal action. The period commences to run under some statutes of limitations upon the accrual of a legal claim, but in others only upon the time of discovery of the act resulting in the alleged damage or injury.
References in periodicals archive ?
Since a criminal citation may now serve as a charging document for misdemeanors, the purpose of the statute of limitations was satisfied when officers issued Curtis the citationa constitutionally and statutorily proper criminal pleading that conveyed jurisdiction to the district court to try Curtis for the crime chargedfor DWI, the court found.
However, I write separately to point out that, on this appeal, we do not resolve the question of whether insurance companies who issue contractual insurance policies covering no-fault claims are subject to a three- or six-year statute of limitations, as that question is not before us.
Section 95.051(1) of the Florida Statutes delineates an exclusive list of conditions that can "toll" the running of the statute of limitations. Unlike "accrual," which affects when the statute of limitations begins, "tolling" suspends the running of the statute of limitations time clock until some condition presented in [[section]]95.051(1) is settled.
Stotts in 1999, the MMA statute of limitations had been interpreted as "occurrence-based," meaning that the occurrence of the alleged negligent act triggered the statute of limitations." (67) Rather than strictly interpreting the language in the statute, the Van Dusen court construed the statute of limitations under the MMA statute so that it would allow claims to be filed two years after the date of discovery of the malpractice and the injury.
24, 1993, said Article 28 of the Constitution should be amended and the statute of limitations should begin to run after the perpetrator of a murder is captured.
The bank appealed, and in considering the appeal, the Indiana Court of Appeals recognized that the state's applicable statute of limitations for professional negligence is two years.
(19) This note then examines the analysis of jurisdictions outside of South Dakota that allow compulsory counterclaims to relate back, simultaneously preserving the purposes of a statute of limitations. (20) Additionally, this note analyzes why Mansheim's compulsory counterclaim should have been allowed.
"The concept of the statute of limitations is grounded in fairness," says Sandra Thompson, a former Manhattan assistant district attorney who now teaches law at the University of Houston.
This Note argues that the PRA's statute of limitations should apply to cases in which a government agency provides all requested documents in a single installment.
Prosecutors took into account legislative changes that extend the statute of limitations for certain crimes, but found no way that Cosby could be legally prosecuted.
The notification that the statute of limitations may have expired is meant to help consumers confronted by debt collectors trying to collect on what the department called "zombie debt", which is debt older than its legal statute of limitations.
Absent modification by the parties, the statute of limitations (or deadline) to bring a claim for a breach of contract in Delaware is three years, California four years, New York six years and Illinois 10 years.