A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a

legislative body A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as p ...

to set the maximum time after an event within which legal proceedings may be initiated. ("Time for commencing proceedings") In most jurisdictions, such periods exist for both

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

and civil law such as

contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...

law and

property law Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual pro ...

, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a

criminal case Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

, the courts no longer have

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

. Most common

crime In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definit ...

s that have statutes of limitations are distinguished from

particularly serious crime Particularly serious crime in the Immigration and Nationality Act (INA) of the United States is a predecessor of the current aggravated felony.''Diego v. Sessions''857 F.3d 1005 1015-16 ( 9th Cir. 2017). The term "particularly serious crime" was coi ...

s because the latter claims may be brought at any time. In civil law systems, such provisions are typically part of their

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

and criminal codes. The cause of action dictates the statute of limitations, which can be reduced or extended in order to ensure a full and fair

trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...

. The intention of these laws is to facilitate resolution within a "reasonable" period of time. What amount of time is considered "reasonable" varies from country to country. In the United States, it may vary from jurisdiction to jurisdiction and state to state. Internationally, the statute of limitations may vary from one civil or criminal action to another. Some countries have no statute of limitations whatsoever. Analysis of a statute of limitations also requires the examination of any associated

statute of repose A statute of repose (sometimes called a nonclaim statute), like a statute of limitations, is a statute that cuts off certain legal rights if they are not acted on by a specified deadline. Statutes of repose exist in a number of contexts. Some jur ...

, tolling provisions, and exclusions.

Applications

Common law legal systems can include a statute specifying the length of time within which a claimant or prosecutor must file a case. In some civil jurisdictions (e.g.,

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

), a case cannot begin after the period specified, and courts have no jurisdiction over cases filed after the statute of limitations has expired. In some other jurisdictions (e.g.,

New South Wales ) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , es ...

, Australia), a claim can be filed which may prove to have been brought outside the limitations period, but the court will retain jurisdiction in order to determine that issue, and the onus is on the defendant to plead it as part of their defence, or else the claim will not be statute barred. Once they are filed, cases do not need to be resolved within the period specified in the statute of limitations.

Purpose

The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment: * A plaintiff with a valid cause of action should pursue it with reasonable diligence. * By the time a stale claim is litigated, a defendant might have lost evidence necessary to disprove the claim. * Litigation of a long-dormant claim may result in more cruelty than justice. In

Classical Athens The city of Athens ( grc, Ἀθῆναι, ''Athênai'' .tʰɛ̂ː.nai̯ Modern Greek: Αθήναι, ''Athine'' or, more commonly and in singular, Αθήνα, ''Athina'' .'θi.na during the classical period of ancient Greece (480–323 BC) wa ...

, a five-year statute of limitations was established for almost all cases, exceptions being such as the prosecution of non-constitutional laws (which had no limitation).

Demosthenes Demosthenes (; el, Δημοσθένης, translit=Dēmosthénēs; ; 384 – 12 October 322 BC) was a Greek statesman and orator in ancient Athens. His orations constitute a significant expression of contemporary Athenian intellectual prow ...

wrote that these statutes of limitations were adopted to control " sycophants" (professional accusers). The limitation period generally begins when the plaintiff's cause of action accrues, meaning the date upon which the plaintiff is first able to maintain the cause of action in court, or when the plaintiff first becomes aware of a previous injury (for example,

occupational lung disease Occupational lung diseases are work-related, lung conditions that have been caused or made worse by the materials a person is exposed to within the workplace. It includes a broad group of diseases, including occupational asthma, industrial bronchi ...

s such as

asbestosis Asbestosis is long-term inflammation and pulmonary fibrosis, scarring of the human lung, lungs due to asbestos, asbestos fibers. Symptoms may include shortness of breath, cough, wheezing, and chest pain, chest tightness. Complications may include ...

Statute of repose

limits the time within which an action may be brought based upon when a particular event occurred (such as the completion of construction of a building or the date of purchase of manufactured goods), and does not permit extensions. A statute of limitations is similar to a statute of repose, but may be extended for a variety of reasons (such as the

minority Minority may refer to: Politics * Minority government, formed when a political party does not have a majority of overall seats in parliament * Minority leader, in American politics, the floor leader of the second largest caucus in a legislative b ...

of the victim). For example, most U.S. jurisdictions have passed statutes of repose for construction defects. If a person receives an

electric shock Electrical injury is a physiological reaction caused by electric current passing through the body. The injury depends on the density of the current, tissue resistance and duration of contact. Very small currents may be imperceptible or produce ...

due to a wiring defect that resulted from the builder's negligence during construction of a building, the builder is potentially liable for damages if the suit is brought within the time period defined by the statute, normally starting with the date that construction is substantially completed. After the statutory time period has passed, without regard to the nature or degree of the builder's negligence or misconduct, the statute of repose presents an absolute defense to the claim. Statutes of repose are sometimes controversial; manufacturers contend that they are necessary to avoid unfair litigation and encourage consumers to maintain their property. Alternatively, consumer advocates argue that they reduce incentives to manufacture durable products and disproportionately affect the

poor Poverty is the state of having few material possessions or little

income< ...

, because manufacturers will have less incentive to ensure low-cost or "bargain" products are manufactured to exacting safety standards.

Tolling and the discovery rule

Many jurisdictions

toll Toll may refer to: Transportation * Toll (fee) a fee charged for the use of a road or waterway ** Road pricing, the modern practice of charging for road use ** Road toll (historic) The road toll was a historical fee charged to travellers and ...

or suspend the limitation period in

exceptional circumstances Exceptional circumstances are the conditions required to grant additional powers to a government agency or government leader so as to alleviate, or mitigate, unforeseen or unconventional hardship. The term is commonly used in Australia, where it h ...

such as if the aggrieved person (

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...

appellant In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

or petitioner) was a minor, or has filed a

bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...

proceeding. In those instances, the running of limitations is tolled or paused, until the condition ends. Equitable tolling may also be applied if an individual may intimidate a moving party into not reporting or has been promised a suspended period. The statute of limitations may begin when the harmful event, such as fraud or injury, occurs or it may begin when the harmful event is discovered. The

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

has described the "standard rule" of when the time begins as "when the plaintiff has a complete and present cause of action." The rule has existed since the 1830s. A "discovery rule" applies in other cases (including medical malpractice), or a similar effect may be applied by tolling. According to U.S. district judge

Sean J. McLaughlin Sean J. McLaughlin (born January 4, 1955) is a former United States district judge of the United States District Court for the Western District of Pennsylvania. Education and career Born in Erie, Pennsylvania, McLaughlin received an Artium Bacc ...

, the discovery rule does not apply to

mass media Mass media refers to a diverse array of media technologies that reach a large audience via mass communication. The technologies through which this communication takes place include a variety of outlets. Broadcast media transmit information ...

such as newspapers and the

Internet The Internet (or internet) is the global system of interconnected computer networks that uses the Internet protocol suite (TCP/IP) to communicate between networks and devices. It is a '' network of networks'' that consists of private, pub ...

; the statute of limitations begins to run at the date of publication. In 2013, the U.S. Supreme Court unanimously ruled in ''

Gabelli v. SEC ''Gabelli v. SEC'', 568 U.S. 442 (2013), was a United States Supreme Court case in which the Court ruled that the statute of limitations for filing civil penalty actions initiates when the offending act is committed or finished.. The Securities a ...

'' that the discovery rule does not apply to

U.S. Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...

's investment-advisor-fraud lawsuits since one of the purposes of the agency is to root out fraud. In private civil matters, the limitation period may generally be shortened or lengthened by agreement of the parties. Under the Uniform Commercial Code, the parties to a contract for sale of goods may reduce the limitation period to one year but not extend it. Limitation periods that are known as laches may apply in situations of

equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...

; a judge will not issue an

injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...

if the requesting party waited too long to ask for it. Such periods are subject to broad

judicial discretion Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where ...

. For US military cases, the

Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of military law in the United States. It was established by the United States Congress in accordance with the authority given by the United States Constitution ...

(UCMJ) states that all charges except those facing

court-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...

on a capital charge have a five-year statute of limitations. If the charges are dropped in all UCMJ proceedings except those headed for general court-martial, they may be reinstated for six months after which the statute of limitations has run out.

Prescription

In civil law countries, almost all lawsuits must be brought within a legally-determined period at the end of which the right of action is extinguished. This is known as liberative or extinctive prescription. Under Italian and Romanian law, criminal trials must be ended within a time limit. In criminal cases, the public prosecutor must lay charges within a time limit which varies by jurisdiction and varies based on the nature of the charge, whose directives vary from country to country. Over the last decade of the 20th century, many United States jurisdictions significantly lengthened the statute of limitations for sex offenses, particularly against children, as a response to research and popular belief that a variety of causes can delay the recognition and reporting of crimes of this nature. Common triggers for suspending the prescription include a defendant's fugitive status or the commission of a new crime. In some jurisdictions, a criminal may be convicted ''in absentia''. Prescription should not be confused with the need to prosecute within " a reasonable delay" as obligated by the

European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...

Laws by region

International crimes

Under

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

genocide Genocide is the intentional destruction of a people—usually defined as an ethnic, national, racial, or religious group—in whole or in part. Raphael Lemkin coined the term in 1944, combining the Greek word (, "race, people") with the Latin ...

crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...

and war crimes are usually not subject to the statute of limitations as codified in a number of multilateral

treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...

. States

ratifying Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...

the

Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity The Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity was adopted and opened for signature, ratification and accession by United Nations General Assembly resolution 2391 (XXIII) of 26 November 1 ...

agree to disallow limitations claims for these crimes. In Article 29 of the

Rome Statute of the International Criminal Court The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...

, genocide, crimes against humanity and war crimes "shall not be subject to any statute of limitations".

Australia

In Australia, the statutes of limitation are prescribed separately by each state or territory jurisdiction for civil matters. In criminal proceedings, if the maximum penalty that can be imposed for an offence committed by an individual includes imprisonment for more than 6 months, there is no limitation period.

Victoria

The Limitations Act of 1958 allows 12 years for victims of child abuse to make a claim, with age 37 the latest at which a claim can be made. The police submitted evidence to a commission, the Victorian Inquiry into Church and Institutional Child Abuse (in existence since 2012) indicating that it takes an average of 24 years for a victims of child sexual abuse to go to the police. According to Attorney General Robert Clark, the government will remove statutes of limitations on criminal child abuse; victims of violent crime should be given additional time, as adults, to deal with the legal system. Offenders of minors and the disabled have used the statute of limitations to avoid detection and prosecution, moving from state to state and country to country; an example which was presented to the Victorian Inquiry was the Christian Brothers. An argument for abolishing statutes of limitations for civil claims by minors and people under guardianship is ensuring that abuse of vulnerable people would be acknowledged by lawyers, police, organisations and governments, with enforceable penalties for organisations which have turned a blind eye in the past.

Support group In a support group, members provide each other with various types of help, usually nonprofessional and nonmaterial, for a particular shared, usually burdensome, characteristic. Members with the same issues can come together for sharing coping str ...

s such as

SNAP Snap or SNAP may refer to: Arts and entertainment * ''Snap'', the original release title for the 2013 film ''Enter the Dangerous Mind'' *''Snap'' (TV series), a CITV programme * ''The Stanly News and Press'', a newspaper in Albemarle, North Carol ...

Australia, Care Leavers Australia Network and Broken Rites have submitted evidence to the Victoria inquiry, and the Law Institute of Victoria has advocated changes to the statute of limitations.

Canada

Summary conviction offences A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offen ...

have a limitation period of 12 months. Indictable (serious) offences such as fraud, serious theft, murder, kidnapping, aggravated assault, sexual assault, arson, bribery, perjury, do not have a limitation period. A defendant can be charged at any future date. In sexual abuse cases in particular, men and women have been charged and convicted up to five decades after the abuse had been committed. Civil law limitations vary by province. In

Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...

, this is governed by the ''Limitations Act, 2002''.

Finland

In Finland, the authority of a prosecuting official to bring charges for a crime expires after a set period of time has passed since the act. This period is 20, 10, 5, or 2, years depending on the seriousness of the offence. Offences punishable with life imprisonment, such as murder and treason, do not expire. Sexual offences committed against minors do not expire before the victim reaches 23 or 28 years of age, depending on the nature of the offence.

Germany

In Germany, the statute of limitations on crimes varies by type of crime, with the highest statute of limitation being 30 years for voluntary manslaughter (). Murder, genocide, crimes against humanity, war crimes and the

crime of aggression A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an ...

have no statute of limitations. In Germany, the crime of murder used to have a 20 year statute of limitations. In 1969, the statute of limitations for murder was extended from twenty to 30 years. The limitations were abolished altogether in 1979, in order to prevent Nazi criminals from avoiding criminal liability. For most other criminal offences, the statute of limitations is set by Section 78(3) of the Criminal Code () as follows: * 30 years for offences which are punishable by a maximum

term of imprisonment Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...

for life; * 20 years for offences which are punishable by a maximum term of imprisonment of over 10 years but not by imprisonment for life; * 10 years for offences which are punishable by a maximum term of imprisonment of over 5 years but no more than 10 years; * 5 years for offences which are punishable by a maximum term of imprisonment of over 1 year but no more than 5 years; * 3 years for all other offences. In the civil code (), the regular statute of limitations is three years (plus the time until the end of the calendar year); however, different terms between two and thirty years may apply in specific situations. For example, the term is only two years for claims for alleged defects of purchased goods, but 30 years for claims resulting from a court judgement (such as awarded damages).

India

The statute of limitations in India is defined by the Limitations Act, 1963. The statute of limitations for criminal offences is governed by Sec. 468 of the Criminal Procedure Code.

Ireland

New Zealand

The statutes of limitations in New Zealand are defined by section 25 of the Criminal Procedure Act 2011. For offences committed by body corporates, the statutes of limitation are determined as if they were a natural person. The limits are as follows: * 6 months for offences which are punishable by a maximum of 3 months imprisonment or a $7,500 fine. * 12 months for offences which are punishable by a maximum of 6 months imprisonment or a $20,000 fine. * 5 years for offences which are punishable by a maximum of 3 years imprisonment, although this can be extended with the consent of the Solicitor-General. * No limit for offences which are punishable by more than 3 years imprisonment.

Norway

The statute of limitations on murder was abolished by a change in law on 1 July 2014, causing any murders committed after 1 July 1989 to have no statute of limitations. This led to the national police force implementing a new investigation group for old cases called the "Cold Case" group. The law was also changed to let cases involving domestic violence, forced marriage, human trafficking and genital mutilation to count from the day the defendant turns 18 years old. Cases where the statute of limitations has already passed can not be extended due to the constitution preventing it.

Philippines

In the Philippines, the

Revised Penal Code The Revised Penal Code contains the general penal laws of the Philippines. First enacted in 1930, it remains in effect today, despite several amendments thereto. It does not comprise a comprehensive compendium of all Philippine penal laws. The ...

has different limitation periods, based on the penalty of the crime: * ''

Reclusión perpetua (Spanish, from la, reclusio perpetua, lit=permanent imprisonment) is a type of sentence of imprisonment in the Philippines, Argentina, and several other Spanish-speaking countries. Laws by region Philippines In the Philippines, it is one of t ...

'' or ''reclusión temporal'' (imprisonment of 12 years and 1 day to 40 years): 20 years * Other afflictive penalties (imprisonment of 6 years and 1 day to 12 years): 15 years * Correctional penalties: 10 years, except: ** ''Arresto mayor'' (imprisonment of 1 month and 1 day to 6 months): 5 years ** Libel and other similar offenses: 1 year ** Oral defamation and slander: 6 months * Light penalties (imprisonment of 1 day to 30 days): 2 months Other special laws have their own limitation periods. For crimes punished under the Revised Penal Code, the limitation period won't run if the offender is outside the Philippines, while for those punished under other laws, it does. Municipal ordinances have a limitation period of 2 months.

South Korea

In July 2015, the National Assembly abolished a 25-year limit on first degree murder; it had previously been extended from 15 to 25 years in December 2007.

Turkey

Turkish Code of Obligations sets the general limitation period to ten years, which applies where the law does not provide a specific limitation period. There is no statute of limitations for

sexual offense Sex and the law deals with the regulation by law of human sexual activity. Sex laws vary from one place or jurisdiction to another, and have varied over time. Unlawful sexual acts are called sex crimes. Some laws regarding sexual activity are ...

s committed against

minor Minor may refer to: * Minor (law), a person under the age of certain legal activities. ** A person who has not reached the age of majority * Academic minor, a secondary field of study in undergraduate education Music theory *Minor chord ** Barb ...

s, however, under both the Turkish Penal Code (article 99) and

Turkish Civil Code Turkish civil code ( tr, Türk Medeni Kanunu) is one of the earliest laws in the history of Turkey within the scope of Turkish reforms. Background During the Ottoman Empire, the legal system of Turkey was Sharia like other Muslim countries. A co ...

(Law No. 2827).

United Kingdom

Unlike many countries, the United Kingdom has no statute of limitations for criminal offences above

summary offences A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offenc ...

(offences tried exclusively in the magistrates’ court). In these cases, criminal proceedings must be brought within six months according to the

Magistrates' Courts Act 1980 The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the p ...

. To obtain a conviction in "some road traffic offences" (i.e., speeding) the driver must be notified, within 14 days of the offence, of the intention to prosecute them according to the Road Traffic Offenders Act 1988. For civil claims, the statue of limitations varies depending on the type of claim. For example, a claim (debt) from a simple contract can no longer be pursued after six years.

United States

In the United States, statutes of limitations may apply in criminal procedures and civil lawsuits. Statutes of limitations vary significantly among U.S. jurisdictions. A

government agency A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administrati ...

is permitted by the

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...

to create under federal regulations its own statute of limitations.See, e.g.
8 C.F.R. 1003.2
("(a) ''General''. The

Board Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard * Fiberboard ** Hardboard, a ty ...

may at any time reopen or reconsider a case in which it has rendered a decision on its own motion solely in order to correct a ministerial mistake or typographical error in that decision or to reissue the decision to correct a defect in service.... The time and numerical limitations set forth in paragraph (c)(2) of this section shall not apply to a motion to reopen proceedings:...
(v) For which a three-member panel of the Board agrees that reopening is warranted when the following circumstances are present, provided that a respondent may file only one motion to reopen pursuant to this paragraph (c)(3): (A) A material change in fact or law underlying a removability ground or grounds specified in section 212 or 237 of the Act that occurred after the entry of an administratively final order that vitiates all grounds of removability applicable to the alien; and (B) The movant exercised

diligence Diligence—carefulness and persistent effort or work—is one of the seven heavenly virtues. It is indicative of a work ethic, the belief that work is good in itself. In students Bernard et al. suggest that diligence in students is define ...

in pursuing the motion to reopen;
(vi) Filed based on specific allegations, supported by evidence, that the respondent is a

United States citizen Citizenship of the United States is a legal status that entails Americans with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constituti ...

''or''

national National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, ce ...

....") (emphasis added)

Retroactive extensions

The

held in ''

Stogner v. California ''Stogner v. California'', 539 U.S. 607 (2003), is a decision by the Supreme Court of the United States, which held that California's retroactive extension of the statute of limitations for sexual offenses committed against minors was an uncon ...

'' (by a 5–4 majority) that

's retroactive extension of the statute of limitations for

s committed against

s was an unconstitutional ex post facto law. *

Civil statutes

A civil statute of limitations applies to a non-criminal legal action, including a

tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...

case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an

affirmative defense An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's o ...

to seek dismissal of the charge. The exact time period depends on both the state and the type of claim (contract claim, personal injury, fraud etc.). Most fall in the range of one to ten years, with two to three years being most common.

Criminal statutes

A criminal statute of limitations defines a time period during which charges must be initiated for a criminal offense. If a charge is filed after the statute of limitations expires, the defendant may obtain dismissal of the charge.

=Initiation of charges

= The statute of limitations in a criminal case only runs until a criminal charge is filed and a warrant issued, even if the defendant is a fugitive. When the identity of a defendant is not known, some jurisdictions provide mechanisms to initiate charges and thus stop the statute of limitations from running. For example, some states allow an indictment of a

John Doe John Doe (male) and Jane Doe (female) are multiple-use placeholder names that are used when the true name of a person is unknown or is being intentionally concealed. In the context of law enforcement in the United States, such names are often ...

defendant based upon a DNA profile derived from evidence obtained through a criminal investigation. Although rare, a

grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a pe ...

can issue an

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

in absentia for high-profile crimes to get around an upcoming statute of limitations deadline. One example is the skyjacking of Northwest Orient Airlines Flight 305 by D. B. Cooper in 1971. The identity of D. B. Cooper remains unknown to this day, and he was indicted under the name "John Doe, aka Dan Cooper."

=Heinous crimes

= Crimes which are widely considered heinous have no statute of limitations. Although there is usually no statute of limitations for murder (particularly

first-degree murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the c ...

), judges have been known to dismiss murder charges in cold cases if they feel that the delay violates the defendant's right to a speedy trial. For example, waiting many years for an alibi witness to die before commencing a murder trial would be unconstitutional.

=Military law

= Under the U.S.

(UCMJ),

desertion Desertion is the abandonment of a military duty or post without permission (a pass, liberty or leave) and is done with the intention of not returning. This contrasts with unauthorized absence (UA) or absence without leave (AWOL ), which ar ...

has no statute of limitations. Maritime Injury Law Unde
46 U.S. Code § 30106
"Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose." There are some exceptions to this, primarily with regard to Jones Act cases filed against the government, in which case the statute of limitations can be less than 2 years.

=State laws

Exceptions

U.S. jurisdictions recognize exceptions to statutes of limitation that may allow for the prosecution of a crime or civil lawsuit even after the statute of limitations would otherwise have expired. Some states stop the clock for a suspect who is not residing within the state or is purposely hiding. Kentucky, North Carolina, and South Carolina have no statutes of limitation for felonies, while Wyoming includes misdemeanors as well. However, the right to

speedy trial In criminal law, the right to a speedy trial is a human right under which it is asserted that a government prosecutor may not delay the trial of a criminal suspect arbitrarily and indefinitely. Otherwise, the power to impose such delays would eff ...

may derail any prosecution after many years have passed.

=Fraud on the court

= When an

officer of the court In common law jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the legal system. Officers of the court may include ent ...

is found to have fraudulently presented facts to impair the court's impartial performance of its legal task, the act (known as ''fraud upon the court'') is not subject to a statute of limitation: "This concept that the inherent power of federal courts to vacate a fraudulently obtained judgment—even years after the judgment was entered—has long been recognized by the Supreme Court." Fraud on the court can be done many ways and in any court. One of which can be "where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted." Officer of the court includes any

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...

court clerk A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...

lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...

, investigator,

probation officer A probation and parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probati ...

referee A referee is an official, in a variety of sports and competition, responsible for enforcing the rules of the sport, including sportsmanship decisions such as ejection. The official tasked with this job may be known by a variety of other titl ...

legal guardian A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, call ...

, parenting-time expeditor, mediator, evaluator, administrator, special appointee, and/or anyone else whose influence is part of the judicial mechanism.

=Continuing-violations doctrine

= In

law, if any person or entity commits a series of illegal acts against another person or entity (or in criminal law if a defendant commits a continuing crime) the limitation period may begin to run from the last act in the series. The entire chain of events can be tolled if the violations were continuing. Courts have explained that the continuing-violations doctrine "tolls the statute of limitations in situations where a continuing pattern forms due to discriminatory acts which have been occurring over a period of time, as long as at least one incident of discrimination occurred within the limitations period." Whether the continuing-violations doctrine applies to a particular violation is subject to judicial discretion; it was said to apply to

copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, s ...

in the jurisdiction of the Seventh Circuit, but not in the jurisdiction of the Second Circuit.

Notes

References

{{DEFAULTSORT:Statute Of Limitations Civil procedure Criminal procedure Statutory law