Statute of limitations

The statute of limitations serves several legal and policy goals. It protects defendants from the unfairness of defending against claims after evidence has deteriorated, witnesses have disappeared, or memories have faded. It also promotes judicial efficiency by encouraging plaintiffs to file promptly, and it provides finality, allowing individuals and businesses to plan their affairs without the threat of indefinite litigation.¹ In criminal law, limitations reflect the view that after a long period, the punitive and deterrent purposes of prosecution diminish, and the state's interest in pursuing the case weakens.²

Limitations periods vary widely. In the United States, federal statutes set periods for federal claims, such as 4 years for patent infringement and 6 years for breach of contract actions against the government. State laws govern most personal injury and contract claims, often ranging from 1 to 6 years. For example, California allows 2 years for personal injury and 4 years for written contracts.³ In England and Wales, the Limitation Act 1980 sets 6 years for contract and tort claims, with a 3-year period for personal injury.⁴ Criminal statutes vary even more: many U.S. states have no limitation for felonies like murder, while others impose periods for lesser offenses. Some countries, such as Germany, have no limitation for murder but do for other crimes.⁵

The running of the clock can be paused, or tolled, under certain circumstances. Common tolling events include the plaintiff's minority or mental incapacity, the defendant's absence from the jurisdiction, and the pendency of bankruptcy proceedings.¹ Many jurisdictions apply the discovery rule, which starts the clock only when the plaintiff knew or reasonably should have known of the injury. This is particularly important in medical malpractice and latent disease cases.⁶ Some claims, such as those for fraud or sexual abuse of minors, have special extended or revived periods. For example, many U.S. states have enacted lookback windows that revive previously time-barred child sexual abuse claims.⁷

Beyond the basics, several nuances exist. In civil law countries, the concept is called prescription and is codified in civil codes, such as the French Civil Code's 5-year general period.⁵ The statute of limitations does not apply to all claims: for example, in the U.S., the government's right to collect taxes has a 10-year period, but there is no limitation for certain tax fraud. In international law, the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1968) eliminates time limits for those crimes.⁸ Also, the doctrine of laches in equity can bar claims even when a statute of limitations does not, based on unreasonable delay that prejudices the defendant.¹ Finally, some jurisdictions have no limitation for certain civil claims, such as actions to recover land in some states.³

Tolling

The legal doctrine that pauses the running of the limitations period under specified conditions.

Discovery rule

A rule that starts the limitations clock when the plaintiff discovers, or should have discovered, the injury.

Prescription

The civil-law term for a statute of limitations.

Laches

An equitable defense that bars a claim due to unreasonable delay that prejudices the defendant.