Statutes of Limitations

The Statutes of Limitations provide for certainty in the area of litigation and ensure that there will not be perpetual litigation on the subjects of tort, contract, title and other issues. They impose limitations of time upon existing rights of action. It is advisable, therefore, that proceedings, in respect of any cause of action for which a limitation period exists, are commenced within the period of time prescribed by the Statutes.

However, in some jurisdictions, failure to institute proceedings within the relevant
period may not be fatal to the Plaintiff’s claim and the Statutes must be specifically pleaded in the Defence. The Defendant, therefore in such countries, may want to to raise or waive the
Statutes.

In Criminal Proceedings

In criminal law there are certain rules which apply to the maximum length of time allowed between the date of an offence and the date by which the Gardaí must institute criminal proceedings. If such limits did not exist and you were accused of an offence, you might have the offence hanging over you indefinitely, not knowing if the Gardaí were going to prosecute you or not.

Statutes of Limitations in Ireland

The Statute of Limitations, 1957 and the Statute of Limitations (Amendment) Act, 1991 regulat the institution in Ireland. In civil proceedings upon the High Court are commenced by summons which must be issued out of the Central Office of the High Court.
Once issued in accordance with the Rules of the Superior Courts, 1986, a summons has a life span of twelve months and remains valid during the currency of the twelve months
following the date of issue.

Time limits in case of Criminal Offenses

In Ireland, and in the case of a summary offence, the complaint should be made (except in some cases, like offences under the Revenue Acts – 10 years from the date of the offence- or offences under the Customs Acts – 3 years from the offence) to the District Court within six months of the offence being committed.

In the case of Indictable offences there is no time limit for initiating of proceedings unless specific legislation provides one. However, if there is an excessively long delay in prosecuting an offence, the judge may decide not to hear the case.

Statutes of Limitations in the U.S. States

Statutes of limitations restrict the time period that a person can file a claim. These statutes not only vary by state, but they also vary by cause of action (Personal injury, Breach of a written contract, Breach of an oral contract, Property damage, Claims against government agencies, etc.).

The following list shows the most common time periods for filing a claim. The reader should check these statutes to confirm how much time he or she has to start a lawsuit.

• The law on time periods for starting lawsuits in Alabama is found in Ala. Code § 6-2-2 et seq.
• The law on time periods for starting lawsuits in Alaska is found in Alaska Stat. § 09.10.010 et seq.
• The law on time periods for starting lawsuits in Arizona is found in Ariz. Rev. Stat. Ann. § 12-541 et seq.
• The law on time periods for starting lawsuits in Arkansas is found in Ark. Code Ann. § 16-56-101 et seq.
• The law on time periods for starting lawsuits in California is found in Cal. Civ. Proc. Code § 312 et seq.
• The law on time periods for starting lawsuits in Colorado is found in Colo. Rev. Stat. § 13-80-102 et seq.
• The law on time periods for starting lawsuits in is found in
• The law on time periods for starting lawsuits in Connecticut is found in Conn. Gen. Stat. Ann. § 52-575 et seq.
• The law on time periods for starting lawsuits in Delaware is found in Del. Code Ann. tit. 10, § 8101 et seq.
• The law on time periods for starting lawsuits in District of Columbia is found in D.C. Code § 12-301 et seq.
• The law on time periods for starting lawsuits in Florida is found in Fla. Stat. Ann. § 95.011 et seq.
• The law on time periods for starting lawsuits in Georgia is found in Ga. Code Ann. § 9-3-20 et seq.
• The law on time periods for starting lawsuits in Hawaii is found in Haw. Rev. Stat. § 657-1 et seq.
• The law on time periods for starting lawsuits in Idaho is found in Idaho Code § 5-201 et seq.
• The law on time periods for starting lawsuits in Illinois is found in 735 Ill. Comp. Stat. 5/13-201 et seq.
• The law on time periods for starting lawsuits in Indiana is found in Ind. Code Ann. § 34-11-2-1 et seq.
• The law on time periods for starting lawsuits in Iowa is found in Iowa Code Ann. § 614.1 et seq.
• The law on time periods for starting lawsuits in Kansas is found in Kan. Stat. Ann. § 60-501 et seq.
• The law on time periods for starting lawsuits in Kentucky is found in Ky. Rev. Stat. Ann. § 413.080 et seq.
• The law on time periods for starting lawsuits in Louisiana is found in La. civil code § 3492 et seq.
• The law on time periods for starting lawsuits in Maine is found in Me. Rev. Stat. Ann. tit. 14, § 751 et seq.
• The law on time periods for starting lawsuits in Maryland is found in Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.
• The law on time periods for starting lawsuits in Massachusetts is found in Mass. Ann. Laws ch. 260, § 1 et seq.
• The law on time periods for starting lawsuits in Michigan is found in Mich. Comp. Laws § 600.5801 et seq.
• The law on time periods for starting lawsuits in Minnesota is found in Minn. Stat. Ann. § 541.01 et seq.
• The law on time periods for starting lawsuits in Mississippi is found in Miss. Code. Ann. § 15-1-1 et seq.
• The law on time periods for starting lawsuits in Missouri is found in Mo. Rev. Stat. § 516.097 et seq.
• The law on time periods for starting lawsuits in Montana is found in Mont. Code Ann. § 27-2-2021 et seq.
• The law on time periods for starting lawsuits in Nebraska is found in Neb. Rev. Stat. § 25-201 et seq.
• The law on time periods for starting lawsuits in Nevada is found in Nev. Rev. Stat. Ann. § 11.010 et seq.
• The law on time periods for starting lawsuits in New Hampshire is found in N.H. Rev. Stat. Ann. § 508:1 et seq.
• The law on time periods for starting lawsuits in New Jersey is found in N.J. Stat. Ann. § 2a:14-1 et seq.
• The law on time periods for starting lawsuits in New Mexico is found in N.M. Stat. Ann. § 37-1-1 et seq.
• The law on time periods for starting lawsuits in New York is found in N.Y. Civ. Prac. Laws & Rules § 201 et seq.
• The law on time periods for starting lawsuits in North Carolina is found in N.C. Gen. Stat. § 1-46 et seq.
• The law on time periods for starting lawsuits in North Dakota is found in N.D. Cent. Code § 28-01-01 et seq.
• The law on time periods for starting lawsuits in Ohio is found in Ohio Rev. Code Ann. § 2305.03 et seq.
• The law on time periods for starting lawsuits in Oklahoma is found in Okla. Stat. Ann. tit. 12, § 91 et seq.
• The law on time periods for starting lawsuits in Oregon is found in Or. Rev. Stat. § 12.010 et seq.
• The law on time periods for starting lawsuits in Pennsylvania is found in 42 Pa. Cons. Stat. Ann. § 5501 et seq.
• The law on time periods for starting lawsuits in Rhode Island is found in R. I. Gen. Laws § 9-1-12 et seq.
• The law on time periods for starting lawsuits in South Carolina is found in S.C. Code Ann. § 15-3-510 et seq.
• The law on time periods for starting lawsuits in South Dakota is found in S.D. Codified Laws Ann. § 15-2-1 et seq.
• The law on time periods for starting lawsuits in Tennessee is found in Tenn. Code Ann. § 28-3-101 et seq.
• The law on time periods for starting lawsuits in Texas is found in Tex. Civ. Prac. & Rem. Code § 16.001 et seq.
• The law on time periods for starting lawsuits in Utah is found in Utah Code Ann. § 78-12-22 et seq.
• The law on time periods for starting lawsuits in Vermont is found in Vt. Stat. Ann. tit. 12, § 461 et seq.
• The law on time periods for starting lawsuits in Virginia is found in Va. Code Ann. § 8.01-228 et seq.
• The law on time periods for starting lawsuits in Washington is found in Wash. Rev. Code Ann. § 4.16.005 et seq.
• The law on time periods for starting lawsuits in West Virginia is found in W. Va. Code § 55-2-1 et seq.
• The law on time periods for starting lawsuits in Wisconsin is found in Wis. Stat. Ann. § 893.01 et seq.
• The law on time periods for starting lawsuits in Wyoming is found in Wyo. Stat. § 1-3-102 et seq.

Calculating the time

In Ireland, for example, the commencement is when the summons is deemed to be issued. This is the case when the summons has received the High Court seal and record number and, prior to being issued, the proceedings are recorded or entered in a Cause Book in the Central Office, numbered, dated, authenticated and sealed. Once the summons has been issued, time has been stopped for the purpose of the Statutes.

See Also

Adverse possession
Equitable tolling
Laches
Nullum tempus occurrit regi
Statute of Repose
Tort