Statute of Limitations

The statute of limitations is a legal principle that imposes a time limit on how long a party has to initiate legal proceedings after the occurrence of an offense. In the United States, the statute of limitations applies to both civil and criminal cases, although the time frames and rules differ depending on the type of case and jurisdiction. Even if you are facing federal criminal charge, if you are in California, it is important to hire a defense lawyer such as Nate Crowley, who is familiar with state laws.

Why Do Statutes of Limitations Exist?

The primary purpose of the statute of limitations is to ensure fairness and predictability in the legal process. Over time, evidence may deteriorate, witnesses may become unavailable or their memories may fade, and the ability to have a fair trial may be compromised.

The statute of limitations motivates plaintiffs and prosecutors to act within a reasonable period after the alleged wrongdoing occurs to ensure the defendant has a right to a fair trial.. By imposing these time constraints, the legal system aims to protect defendants from the unfairness of defending against stale claims and to promote the resolution of legal disputes in a timely manner.

Criminal Cases

In criminal law, the statute of limitations sets a maximum time after an offense has been committed for prosecutors to file charges against a defendant. Once this period expires, the defendant is generally immune from prosecution for that specific offense.

Time limits vary widely depending on the type and severity of the crime. For example, serious crimes such as murder typically have no statute of limitations, allowing prosecutors to bring statute charges at any time, regardless of how much time has passed since the offense occurred. On the other hand, less serious crimes, such as petty theft or fraud, may have relatively short statutes of limitations, often ranging from one to five years.

Federal law provides guidance for the statute of limitations in many criminal cases. For example, under 18 U.S.C. § 3282, the statute of limitations for most federal offenses is five years from the date of the commission of the crime. However, certain crimes, such as terrorism, certain immigration offenses, and child sexual exploitation, have longer or even no limitations periods.

Civil Cases

In civil law, the statute of limitations sets time limits within which a plaintiff must file a lawsuit. The time frames in civil cases often vary depending on the type of legal claim and the state in which the lawsuit is filed. Common civil claims, such as breach of contract, personal injury, or property damage, typically have limitations periods ranging from two to six years.

In California, the statute of limitations for civil cases depends on the type of case. Here are some of the most common time limits:

1. Personal Injury (e.g., car accidents, slip-and-fall): 2 years from the date of the injury (California Code of Civil Procedure § 335.1).
2. Breach of Written Contract: 4 years from the date the contract was broken (California Code of Civil Procedure § 337).
3. Breach of Oral Contract: 2 years from the date the contract was broken (California Code of Civil Procedure § 339).
4. Property Damage: 3 years from the date the damage occurred (California Code of Civil Procedure § 338).
5. Fraud: 3 years from the date the fraud was discovered (California Code of Civil Procedure § 338(d)).
6. Libel or Slander (Defamation): 1 year from the date of the defamatory statement (California Code of Civil Procedure § 340(c)).
7. Medical Malpractice: 3 years from the date of injury or 1 year from when the plaintiff discovers, or should have discovered, the injury, whichever comes first (California Code of Civil Procedure § 340.5).
8. Claims Against Government Entities: Must file a claim with the government entity within 6 months of the injury or incident. If denied, the lawsuit must typically be filed within 6 months from the denial.
9. Debt Collection: For written contracts, the statute is 4 years, and for oral contracts, it’s 2 years.

If the statute of limitations passes before you file a lawsuit, your claim will generally be barred, meaning the court will dismiss your case. However, certain exceptions, like tolling (pausing the time limit due to specific reasons), can extend the filing period in some cases.

Pausing And Extending A Statute of Limitation

There are several exceptions and doctrines, such as “tolling,” that can extend or pause the statute of limitations under certain circumstances. Tolling may apply when the plaintiff is a minor, mentally incapacitated, or when the defendant is out of state or conceals their whereabouts. Additionally, the “discovery rule” in some cases allows the statute of limitations to begin running when the plaintiff discovers, or should have discovered, the harm, rather than when the wrongful act actually occurred.

Tolling In The Case of A Minor

Tolling of the statute of limitations as a minor refers to the legal principle that pauses or delays the time limit for filing a lawsuit or bringing a legal claim while the individual is under the age of majority, typically 18 years old in most U.S. jurisdictions. The rationale behind this rule is to protect the rights of minors who may not have the legal capacity or knowledge to pursue a claim on their own.

This is certainly true in California, where the time limit for filing a lawsuit is paused until the minor reaches the age of majority. Once the individual turns 18, they are generally given the full time allowed by law to file their claim, depending on the type of case.

Under California Code of Civil Procedure § 352(a), the statute of limitations is tolled during their period of minority. The statute of limitations would not start until their 18th birthday. If the statute of limitations for the claim is two years, the individual would have until they turn 20 to file a lawsuit.

California law provides comprehensive tolling rules for minors, allowing them to pursue their legal rights after reaching adulthood. However, exceptions and special rules in certain cases may impose different deadlines that require the attention of California-based legal defense to avoid losing the right to sue.

Tolling In The Case of Mental Incapacity

Tolling of the statute of limitations under mental incapacity is a legal doctrine that pauses or extends the time limit for filing a lawsuit when the plaintiff is mentally incapacitated and unable to pursue a claim. This principle exists to protect individuals who are not capable of understanding their legal rights or taking the necessary steps to assert those rights due to mental illness or disability.

According to California Code of Civil Procedure § 352(a), if a person is mentally incapacitated when the cause of action arises, the statute of limitations is tolled until the person regains mental competency. This prevents individuals who are unable to understand or pursue legal claims due to mental illness or disability from losing their rights.

Tolling In The Case of Absence or Concealment of Defendant

Under the discovery rule, the statute of limitations may be tolled in cases where the plaintiff was unaware of the injury or wrongdoing at the time it occurred. This rule is frequently applied in cases of fraud, medical malpractice, or latent injuries.

Tolling begins when the plaintiff discovers, or reasonably should have discovered, the harm or the responsible party. For example, in fraud cases, the statute of limitations is tolled until the fraud is discovered or could reasonably have been discovered.

If the defendant is out of state or conceals their whereabouts to avoid being sued, California law tolls the statute of limitations under California Code of Civil Procedure § 351. The limitations period is paused while the defendant is absent from the state or hiding, ensuring that the plaintiff is not unfairly deprived of the chance to sue.

Tolling In the Case of Imprisonment

In some cases, the statute of limitations is tolled if a person entitled to bring a claim is imprisoned. Under California Code of Civil Procedure § 352.1, individuals serving a prison sentence may have their statute of limitations tolled for up to two years, depending on the circumstances.

In the Case of Military Service

For members of the U.S. military, the Servicemembers Civil Relief Act (SCRA) provides protections that may toll the statute of limitations while they are on active duty, preventing them from losing their right to file a claim due to their service obligations.

Tolling In the Case of The Discovery Rule

The discovery rule and tolling often interact, particularly in complex cases where both delayed discovery and certain incapacity (e.g., mental disability) or concealment are at play. For example, if a person with a mental disability discovers a harmful condition years after it occurred, tolling may have paused the statute of limitations due to the person’s incapacity, while the discovery rule may further delay the start of the limitation period until the harm is known or reasonably discoverable.

In California and many other states the discovery rule allows the statute of limitations to begin not at the time the wrongful act occurred, but when the plaintiff discovers or reasonably should have discovered the injury or the cause of action. This rule is often applied in cases where the harm is not immediately apparent, such as medical malpractice, product liability, or fraud.

Both the discovery rule and tolling serve to protect plaintiffs from losing their right to file a claim when circumstances outside their control—such as lack of awareness or legal incapacity—prevent them from acting within the standard statute of limitations period. Federal criminal defense lawyer Nate Crowley, who is based in California can help you make the best of any statutes of limitations that might apply in your case.

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