civil procedure · defense
A statute of limitations is a legal time limit within which a plaintiff must file a lawsuit or a criminal prosecution must be commenced. If the period expires, the defendant may use the statute of limitations as a defense to bar the claim.
Each jurisdiction establishes specific time limits for different types of claims, such as torts, contracts, or criminal offenses.
What to prove: The plaintiff must show that their claim was filed within the time period established by the applicable statute.
The statute of limitations begins to run when the cause of action accrues, which is typically when the plaintiff is aware or should be aware of the injury and the tortfeasor’s identity.
What to prove: The plaintiff must demonstrate when the claim first accrued, which starts the limitation period.
Certain circumstances, like the plaintiff’s minority or mental incapacity, may pause or toll the statute of limitations.
What to prove: The plaintiff must provide evidence that an applicable tolling circumstance existed that extended the limitations period.
The defendant bears the burden of proof to establish that the statute of limitations has expired, and the standard is typically a preponderance of the evidence.
Be prepared to analyze different scenarios involving the accrual of claims and applicable state statutes when addressing questions related to the statute of limitations.