Statute of Limitations
A statute of limitations is a period of time within which a party is allowed to file a claim, or in the case of minor criminal charges and traffic violations, for the State to file charges. The length of time covered by a statute of limitations varies according to the type of case or nature of the claim, and by state or federal statute.
If a lawsuit or criminal charge is not filed before the statute of limitation expires (or "runs out"), the plaintiff or prosecutor's right to make a claim or file such a charge is considered dead, or forfeit.
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Criminal acts that have statutes of limitations are generally misdemeanors; in most U.S. states this period is two years from the time the offense was committed. Felonies on the other hand usually have no statute of limitations. Murderers have been successfully prosecuted decades after the deed.
In civil cases, statutes of limitations can be a short as one year from accrual (the time at which the cause of action either occurred or was discovered), or - in the case of Rhode Island - as long as ten years. Louisiana has the most restrictive statutes of limitations, limiting it to twelve months in virtually all causes of actions.
A statute of limitation may also cover the right to enforce, or collect on a judgment. Again, depending on the state and the nature of the situation, this can be as short as five years or as long as twenty-five years.
Often, a state will stipulate that certain conditions be met before a suit can even be filed. In general, the purpose of these conditions is to encourage the parties to come to a resolution between themselves before involving the courts; for example, a person suing a publication for libel is expected to demand a retraction, then wait for this demand to be denied or disregarded before filing a complaint; a party suing a company over a defective product is typically expected to offer the company an opportunity to rectify the situation if possible prior to starting legal action.