Statute of Limitations

The statute of limitations is a statute that originated from the common-law system, which set forth time limits on legal action in certain cases. The deadlines for filing vary, in accordance with the type of case (criminal or civil) and the circumstances surrounding the case or claim. The periods of time also vary from state to state and country to country. Statutes of limitations apply to all cases filed in courts, including state and federal courts.

The limits of time for court action is predicated on an idea of equity or fairness. There is a prevalent belief that the best time to bring a civil lawsuit or prosecution of a criminal case is as close to the event as possible, in order to have the best evidence. The more time a case or claim sits dormant, the more likely memories fade and important evidence may be lost. Also, diligence is expected by an injured party or government entity to pursue an action in a timely manner.

Most jurisdictions examine the time frame of a legal action by thoroughly scrutinizing the circumstances of the individual case and tolling the amounts of time limitations. For example, in the case of medical malpractice, in which the doctor's mistake is not immediately known, tolling of time does not take place until there is a discovery of an actual injury or harm. Minors as injured parties are also afforded extra protection in most jurisdictions: The tolling of time often does not begin until after the minor turns 18 or the age of majority.

At any time, a party to a case can assert the statute of limitations as a defense. If the statute of limitations has expired, the case is no longer litigated. In the United States and Great Britain, there is no statute of limitations for murder. An individual suspected of committing the act of murder may be prosecuted at any time with no expiration date. However, other countries do not permit the prosecution of murder suspects after certain time periods have elapsed. For example, in Japan, a murder case must be brought before the court within 25 years of the victim's death. Japan extended its 15-year statute of limitation for murder in 2005, but the new time frame of 25 years does not apply retroactively. Only new crimes committed after the time period was extended may [Page 1197]assert a statute of limitations beyond the original 15 years.

There are a few exceptions to the strict time limits of the courts. For example, parties may extend or limit the life of a case in civil and private matters if the litigants are in agreement. The Uniform Commercial Code allows for contracts of the sale of goods to be limited in time to 1 year; however, the code does not allow the parties to shorten the time limit beyond a 1-year period. The Uniform Code of Military Justice has a 5-year statute of limitations for almost all cases, excluding those cases for which a punishment of death is a possibility.

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