Statute of limitations
A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated.[1][2] In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, 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.[3]
When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time.
In civil law systems, such provisions are typically part of their civil 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.[4] The intention of these laws is to facilitate resolution within a "reasonable" period of time.[5] What amount of time is considered "reasonable" varies from country to country.[6] 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, tolling provisions, and exclusions.
Applications[edit]
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 jurisdictions (e.g., California),[2] 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, 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.
The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment:[7]
In Classical Athens, 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 wrote that these statutes of limitations were adopted to control "sycophants" (professional accusers).[8]
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 diseases such as asbestosis).
Laws by region[edit]
International crimes[edit]
Under international law, genocide, crimes against humanity and war crimes are usually not subject to the statute of limitations as codified in a number of multilateral treaties.[20] States ratifying the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity agree to disallow limitations claims for these crimes. According to Article 29 of the Rome Statute of the International Criminal Court, genocide, crimes against humanity and war crimes "shall not be subject to any statute of limitations".
Australia[edit]
In Australia, there are no statutes of limitation 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. For civil matters, the statutes of limitation are prescribed by each state or territory jurisdiction.[21]