Section 95.051(1) expressly sets forth the list of circumstances when the running of time under
statutes of limitation is tolled, subject to certain statutory exceptions.
Statutes of limitations are designed in part to provide prospective litigants predictability and certainty by imposing a final date on liability.
Although the various
statutes of limitations provide legal certainty, they can also prove to be an obstacle.
Tolling rules for criminal
statutes of limitations vary from state to state, but several common tolling provisions deserve mention.
At the time, the Democratic Party of Japan was leaning toward a system that would enable judges to suspend
statutes of limitations at the request of prosecutors.
CORMAN, LIMITATION OF ACTIONS [section] 1.1, at 5-6 (1991) (noting tension between procedural nature of limitations and underlying substantive rights); Developments, supra note 2, at 1177-80 (finding
statutes of limitations vary across different areas of law and jurisdiction); see also Matthew G.
(7) In order to gauge the potential injustice posed by nullum tempus, one must first understand the recent developments and policies behind laches and
statutes of limitations and repose.
States that vote to extend
statutes of limitations cannot constitutionally do so for crimes that have already been committed, he said: "The difference is whether you can do it prospectively, which I believe is constitutional, versus retroactively, which is not.
Statutes of limitations acknowledge that with the passage of time caused by delayed prosecution, evidence degrades, memories become less clear, and a defense becomes more difficult to mount.
The passage of time means expiring
statutes of limitations for all manner of skullduggery.
The court noted that the concept of equitable recoupment was first applied in Bull,(138) and its purpose "is to relieve parties from the unfair application of
statutes of limitations in certain circumstances." Hoewever, the court also noted that the Bull decision was clear in its assertion that equitable recoupment is a defensive, rather than offensive, doctrine.
Governor Phil Scott signed H.330, An act relating to repealing the statute of limitations for civil actions based on childhood sexual abuse, and H.511, An act relating to criminal
statutes of limitations. H.330 will eliminate the six-year statute of limitations related to childhood sexual abuse.
