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Wikipedia

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

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),[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.

Purpose

The purpose and effect of statutes of limitations are to protect defendants. There are three reasons for their enactment:[7]

  • 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, 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).

Statute of repose

A 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 of the victim).

For example, most U.S. jurisdictions have passed statutes of repose for construction defects.[9][10][11][12] If a person receives an electric shock 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, 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 or suspend the limitation period in exceptional circumstances such as if the aggrieved person (plaintiff, appellant or petitioner) was a minor, or has filed a bankruptcy 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 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.[13] 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, the discovery rule does not apply to mass media such as newspapers and the Internet; the statute of limitations begins to run at the date of publication.[14] In 2013, the U.S. Supreme Court unanimously ruled in Gabelli v. SEC that the discovery rule does not apply to U.S. Securities and Exchange Commission's investment-advisor-fraud lawsuits since one of the purposes of the agency is to root out fraud.[15]

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; a judge will not issue an injunction if the requesting party waited too long to ask for it. Such periods are subject to broad judicial discretion.

For US military cases, the Uniform Code of Military Justice (UCMJ) states that all charges except those facing court-martial 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[16] and Romanian law,[17] 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.[citation needed]

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.[18] Prescription should not be confused with the need to prosecute within "a reasonable delay" as obligated by the European Court of Human Rights.[19]

Laws by region

International crimes

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. In 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

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]

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[22][failed verification] 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.[23] 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.[24] 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.[25]

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 groups such as SNAP Australia,[26] Care Leavers Australia Network[27] and Broken Rites have submitted evidence to the Victoria inquiry,[28] and the Law Institute of Victoria[29] has advocated changes to the statute of limitations.

Western Australia

The Criminal Procedure Act 2004 outlines the statute of limitations, stating that a simple offence (an offence which can only be brought to a magistrate's court, and cannot include more than 12 months' imprisonment as the maximum penalty) shall have a statute of limitations of 12 months. However, all crimes (offences which can be brought to a district court or the supreme court) have no statute of limitations. Furthermore, a person may be charged with a simple offence after 12 months' if the person consents to such a charge being laid, or if that offence has a different statute of limitations as provided by law.[30]

Canada

Summary conviction offences have a limitation period of 12 months.[31]

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.[32] In sexual abuse cases in particular, men and women have been charged and convicted up to five decades after the abuse had been committed.[33][34][35]

Civil law limitations vary by province.[36] In Ontario, this is governed by the Limitations Act, 2002.[37]

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.[citation needed]

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 (Totschlag). Murder, genocide, crimes against humanity, war crimes and the crime of aggression 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 (Strafgesetzbuch) as follows:

  • 30 years for offences which are punishable by a maximum term of imprisonment 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.[38]

In the civil code (Bürgerliches Gesetzbuch), 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.[39]

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:[40]

  • 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.[41]

Philippines

In the Philippines, the Revised Penal Code has different limitation periods, based on the penalty of the crime:[42]

  • Reclusión perpetua 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.[43]

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.[44]

There is no statute of limitations for sexual offenses committed against minors, however, under both the Turkish Penal Code (article 99) and Turkish Civil Code (Law No. 2827).[45]

United Kingdom

Unlike many countries, the United Kingdom has no statute of limitations for criminal offences above summary offences (offences tried exclusively in the magistrates’ court).[46] In these cases, criminal proceedings must be brought within six months according to the Magistrates' Courts Act 1980. 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.[47]

For civil claims, the statute 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.[48][49] Statutes of limitations vary significantly among U.S. jurisdictions.

A government agency is permitted by the Congress to create under federal regulations its own statute of limitations.[50]

Retroactive extensions

The U.S. Supreme Court held in Stogner v. California (by a 5–4 majority) that California's retroactive extension of the criminal statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law.[51]

Civil statutes

A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense 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.[52] 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.[53] 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 defendant based upon a DNA profile derived from evidence obtained through a criminal investigation.[54] Although rare, a grand jury can issue an indictment 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."[55]

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), 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.[56] For example, waiting many years for an alibi witness to die before commencing a murder trial would be unconstitutional.[citation needed]

Military law

Under the U.S. Uniform Code of Military Justice (UCMJ), desertion has no statute of limitations.[57]

Maritime Injury Law

Under 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.[58]

State laws
State Misdemeanor Felony Notes
Connecticut 1 year[59]
  • Terrorism resulting in death: 55 years
  • Murder involving rape, cannibalism, or a child: 50 years
  • Mass murder: 45 years
  • Murder: 40 years
  • Terrorism not resulting in death: 30 years
  • Manslaughter: 25 years
  • Rape: 15 years
  • Violent felonies: 10 years
  • Nonviolent felonies: 5 years
  • Nonviolent felonies committed by a minor: 2 years[citation needed]
A bill was proposed to abolish the statute of limitations for most sex offenses, but it was not submitted for a vote in the state senate. Efforts continue to pass legislation to extend the limitations period for the prosecution of sex offenses.[60]
Michigan 6 years
  • Murder: No limits
  • Kidnapping, extortion, assault with intent or conspiracy to murder: 10 years
  • Sexual conduct, violence or abuse:
    • If DNA evidence is present but offender has not been identified: No limits
    • If DNA evidence is present and offender identified or when the victim turns 21, whichever is earlier: 10 years
    • Against a minor (below the age of 18): 10 years
  • Others: 6 years[citation needed]
Statute of limitation tolls if defendant is not a resident and did not usually and publicly reside in the state. See MCL 767.24
North Carolina 2 years No limits No statute of limitations for "malicious misdemeanors", per NCGS §15-1
Utah
  • Sexual conduct, violence, or abuse against a minor (below the age of 18): 10 years after the victim becomes 18 years old[61]
  • Murder, rape, manslaughter, aggravated kidnapping: No limits[62]
Wyoming None No limits No statute of limitations

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 may derail any prosecution after many years have passed.[63]

Fraud on the court

When an officer of the court 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."[64] 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."[65] Officer of the court includes any judge, law clerk, court clerk, lawyer, investigator, probation officer, referee, legal guardian, parenting-time expeditor, mediator, evaluator, administrator, special appointee, and/or anyone else whose influence is part of the judicial mechanism.[66][67]

Continuing-violations doctrine

In tort 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.[68][69] 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."[70] Whether the continuing-violations doctrine applies to a particular violation is subject to judicial discretion; it was said to apply to copyright infringement in the jurisdiction of the Seventh Circuit,[71] but not in the jurisdiction of the Second Circuit.[72][73]

See also

References

  1. ^ 28 U.S.C. § 2462 ("Time for commencing proceedings")
  2. ^ a b "Statute of Limitations". California Court Judicial Branch. Public Access Records. Retrieved 6 June 2014.
  3. ^ "Subtitle B—Criminal Alien Provisions, Sec. 321. Amended Definition of Aggravated Felony" (PDF). U.S. Congress. U.S. Congress. p. 629. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to actions taken on or after the date of the enactment of this Act, regardless of when the conviction occurred....
  4. ^ Special Historic Session. "Opening Remarks:HistoricSpecial section" (PDF). www.courts.ca.gov. Supreme Court Of California. Retrieved 6 June 2014.
  5. ^ California Courts, Judicial Council. "Public Access Records". California Courts. Rewriting Amendments. Retrieved 6 June 2014.
  6. ^ "State Statutes of Limitations". FindLaw. Thomson Reuters. Retrieved 4 May 2017.
  7. ^ Halsbury's Laws of England, 4th edition
  8. ^ Allen, Danielle S. (2003). The World of Prometheus: The Politics of Punishing in Democratic Athens. Princeton University Press. p. 154. ISBN 978-0-691-09489-2.
  9. ^ "Statutes of Repose for Construction" (PDF). SDVLaw.com. Saxe Doernberger & Vita, P.C. Retrieved 4 May 2017.
  10. ^ "MCL 600.5839". Michigan Legislature. State of Michigan. Retrieved 4 May 2017.
  11. ^ "Cal. Civ. Proc. Code § 337.15". California Legislative Information. State of California. Retrieved 4 May 2017.
  12. ^ "Fla. Stat. § 95.11(3)(c)". Online Sunshine. State of Florida. Retrieved 4 May 2017.
  13. ^ Gabelli v. Securities and Exchange Commission.
  14. ^ "Wolk v. Olson, 730 F. Supp. 2d 376". U.S. District Court for the Eastern District of Pennsylvania. Harvard Law School. 2 August 2010. The issue before the Court is whether the Pennsylvania Supreme Court would apply the discovery rule to toll the statute of limitations in a mass-media defamation case. The Court holds that it would not.
  15. ^ Macy J. (2013). Opinion analysis: That which does not kill the SEC may make the agency stronger. SCOTUSblog.
  16. ^ "La prescrizione del reato dopo la ex-Cirielli". Diritto Penale. Retrieved 5 June 2013.
  17. ^ "Codul Penal, Articolul 180 – Prescripția". Retrieved 9 October 2013.
  18. ^ Ridley, Yvonne (12 May 2012). "Bush Convicted of War Crimes in Absentia". www.foreignpolicyjournal.com. Foreign Policy Journal. Retrieved 12 October 2014.
  19. ^ . 1 September 2022. Archived from the original on 1 September 2022. Retrieved 30 October 2022.{{cite web}}: CS1 maint: archived copy as title (link)
  20. ^ Kohout, David, Statutory Limitation of Crimes under International Law: Lessons Taken from the Prosecution of Nazi Criminals in Germany after 1945 and the New Demjanjuk Case Law, International Comparative Jurisprudence, Vol. 3, Issue 1 (2017), pp. 37-54.
  21. ^ "The statute of limitation". Parliament of Australia. Retrieved 11 March 2021.
  22. ^ "Parliamentary Inquiry On The Handling Of Child Abuse By Religious And Other Non-Government Organisations". Parliament of Victoria. Retrieved 31 July 2014.{{cite web}}: CS1 maint: url-status (link)
  23. ^ "Parliament of Victoria". Inquiry Into The Handling of Child Abuse by Religious and Other Organizations. Retrieved 9 May 2013.{{cite web}}: CS1 maint: url-status (link)
  24. ^ "Victoria ends statutory time limit on historical child sex abuse cases". www.theaustralian.com.au. Australian Associated Press. Retrieved 12 October 2014.
  25. ^ "Inquiry Into the Handling of Child Abuse by Religious and Other Organisations" (PDF). Parliament of Victoria. Retrieved 31 July 2014.
  26. ^ "Waller Legal response" (PDF). Parliament of Victoria. Retrieved 31 July 2014.
  27. ^ "A Submission by Care Leavers Australia Network (CLAN) to the Inquiry into the handling of child abuse by religious and other organisations" (PDF). Parliament of Victoria. Retrieved 31 July 2014.
  28. ^ "Broken Rites response" (PDF). Parliament of Victoria. Retrieved 31 July 2014.
  29. ^ "Inquiry Into the Processes by Which Religious and Other Non-government Organisations Respond to the Criminal Abuse of Children by Personnel Within Their Organisations" (PDF). Parliament of Victoria. Retrieved 31 July 2014.
  30. ^ Criminal Procedure Act 2004 Retrieved 11 March 2023
  31. ^ "Criminal Code". Section 786(2): Government of Canada. Retrieved 29 November 2021.{{cite web}}: CS1 maint: location (link)
  32. ^ "Criminal Procedure". The Canadian Encyclopedia. Retrieved 1 September 2019.
  33. ^ "Judge sentences 80-year-old woman to 1 year in prison for sex crimes". CTV News. 10 February 2020.
  34. ^ "Un homme de 94 ans évite la prison pour des viols commis il y a 50 ans". Le Quotidien (in French). 6 September 2019.
  35. ^ "Quebec actor Edgar Fruitier guilty of indecent assaults committed in the '70s". Montreal Gazette. 22 July 2020.
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  38. ^ "GERMAN CRIMINAL CODE". www.gesetze-im-internet.de. Retrieved 3 August 2018.
  39. ^ "Microsoft Word - LIMITATION ACT" (PDF). Retrieved 5 August 2019.
  40. ^ "Criminal Procedure Act 2011 No 81 (as at 03 November 2021), Public Act 25 Time for filing charging document – New Zealand Legislation". www.legislation.govt.nz. Retrieved 26 November 2021.
  41. ^ "Stortinget fjerner foreldelsesfristen" (in Norwegian). Dagsavisen. 16 June 2014. Retrieved 5 June 2017.
  42. ^ Marcelo, Simeon V. (1 April 2020). "Litigation and enforcement in the Philippines: overview". signon.thomsonreuters.com. Retrieved 30 December 2020.
  43. ^ "'Cold cases' may walk again as South Korea removes statute of limitations on murder". South China Morning Post. 25 July 2015. Retrieved 15 September 2020.
  44. ^ Baysal, Pelin (3 January 2019). "Litigation and enforcement in Turkey: overview". Westlaw. Retrieved 28 December 2020.
  45. ^ Cantekin, Kayahan (30 September 2020). "Turkey: Constitutional Court Finds Violation of Constitutional Rights in Courts' Failure to Decide on Abortion Authorization". www.loc.gov. Library of Congress. Retrieved 28 December 2020.
  46. ^ Wilson, Steve; Rutherford, Helen; Storey, Tony; Wortley, Natalie; Kotecha, Birju (2020). English Legal System (4th ed.). OUP. p. 487. doi:10.1093/he/9780198853800.001.0001. ISBN 9780198853800.
  47. ^ Wilson, Steve; Rutherford, Helen; Storey, Tony; Wortley, Natalie; Kotecha, Birju (2020). English Legal System (4th ed.). OUP. p. 491. doi:10.1093/he/9780198853800.001.0001. ISBN 9780198853800.
  48. ^ "Statute of limitations". LII / Legal Information Institute. Retrieved 31 March 2022.
  49. ^ "650. Length of Limitations Period". www.justice.gov. 19 February 2015. Retrieved 31 March 2022.
  50. ^ See, e.g., 8 C.F.R. 1003.2 ("(a) General. The Board 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 in pursuing the motion to reopen;
    (vi) Filed based on specific allegations, supported by evidence, that the respondent is a United States citizen or national....") (emphasis added)
  51. ^ "Stogner v. California, 539 U.S. 607 (2003)". U.S. Supreme Court. Harvard Law School. 26 June 2003. p. 233.
    • "Stogner v. California". oyez.org. Retrieved 30 December 2007.
  52. ^ Doyle, Charles (14 November 2017). "Statute of Limitation in Federal Criminal Cases: An Overview" (PDF). Congressional Research Service. Retrieved 18 March 2018.
  53. ^ Grossman, Jonathan (2014). "Speedy Trial and the Statute of Limitations" (PDF). Sixth District Appellate Program. Retrieved 6 December 2017.
  54. ^ Ullmer, Frank B. (2001). "Using DNA Profiles to Obtain John Doe Arrest Warrants and Indictments". Washington & Lee Law Review. 58: 1585. Retrieved 6 December 2017.
  55. ^ Denson, Bryan (24 November 1996). "D.B. Cooper legend lives". Oregon Live archive. Retrieved 6 March 2011.
  56. ^ "Sixth Amendment - Limited Protection Against Excessive Prosecutorial Delay". Northwestern University School of Law. The Journal of Criminal Law and Criminology. Retrieved 12 October 2014.
  57. ^ "Airman who went missing in 1977 found living double life in Florida". Fox News. 17 October 2017.
  58. ^ "33 U.S. Code § 913 - Filing of claims". Legal Information Institute. Cornell Law School. Retrieved 31 December 2018.
  59. ^ Reinhart, Christopher (6 March 2015). "Statute of Limitations for Prosecutions" (PDF). Office of Legislative Research Research Report. State of Connecticut. Retrieved 22 May 2020.
  60. ^ Krasselt, Kaitlyn (20 February 2020). "Legislature unlikely to eliminate civil statute of limitations for sex abuse". Connecticut Post. Retrieved 22 May 2020.
  61. ^ "Utah Code Section 76-1-301.1". le.utah.gov. Retrieved 26 December 2022.
  62. ^ "Utah Code Section 76-1-301". le.utah.gov. Retrieved 26 December 2022.
  63. ^ "Criminal Statutes of Limitations for All 50 States". resources.lawinfo.com.
  64. ^ "In re Bressman, 874 F.3d 142". U.S. Court of Appeals for the Third Circuit. Harvard Law School. 18 October 2017. p. 482.
  65. ^ "Bulloch v. United States, 763 F.2d 1115". U.S. Court of Appeals for the Tenth Circuit. Harvard Law School. 22 May 1985. p. 1121.
  66. ^ "Deprivation Of Rights Under Color Of Law". U.S. Department of Justice (DOJ). 31 May 2021. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials.
  67. ^ "Federal Civil Rights Statutes". Federal Bureau of Investigation (FBI).
  68. ^ "Continuing Violation Doctrine Law and Legal Definition". definitions.uslegal.com. Retrieved 24 January 2019.
  69. ^ "Egervary v. Young, 366 F.3d 238". U.S. Court of Appeals for the Third Circuit. Harvard Law School. 30 April 2004. p. 246. Traditionally, in tort law, 'proximate cause' has been defined as a person's wrongful conduct which is a substantial factor in bringing about harm to another.
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  71. ^ "Taylor v. Meirick, 712 F.2d 1112". U.S. Court of Appeals for the Seventh Circuit. Harvard Law School. 7 July 1983. p. 573.
  72. ^ "Stone v. Williams, 970 F.2d 1043". U.S. Court of Appeals for the Second Circuit. Harvard Law School. 13 July 1992. pp. 1049–50.
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statute, limitations, statute, limitations, known, civil, systems, prescriptive, period, passed, legislative, body, maximum, time, after, event, within, which, legal, proceedings, initiated, most, jurisdictions, such, periods, exist, both, criminal, civil, suc. 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 Contents 1 Applications 2 Purpose 3 Statute of repose 4 Tolling and the discovery rule 5 Prescription 6 Laws by region 6 1 International crimes 6 2 Australia 6 2 1 Victoria 6 2 2 Western Australia 6 3 Canada 6 4 Finland 6 5 Germany 6 6 India 6 7 Ireland 6 8 New Zealand 6 9 Norway 6 10 Philippines 6 11 South Korea 6 12 Turkey 6 13 United Kingdom 6 14 United States 6 14 1 Retroactive extensions 6 14 2 Civil statutes 6 14 3 Criminal statutes 6 14 3 1 Initiation of charges 6 14 3 2 Heinous crimes 6 14 3 3 Military law 6 14 3 4 State laws 6 14 4 Exceptions 6 14 4 1 Fraud on the court 6 14 4 2 Continuing violations doctrine 7 See also 8 ReferencesApplications EditCommon 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 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 Purpose EditThe purpose and effect of statutes of limitations are to protect defendants There are three reasons for their enactment 7 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 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 Statute of repose EditMain article Statute of repose A 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 of the victim For example most U S jurisdictions have passed statutes of repose for construction defects 9 10 11 12 If a person receives an electric shock 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 because manufacturers will have less incentive to ensure low cost or bargain products are manufactured to exacting safety standards Tolling and the discovery rule EditThe examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject You may improve this article discuss the issue on the talk page or create a new article as appropriate August 2015 Learn how and when to remove this template message Further information Tolling law and discovery law Many jurisdictions toll or suspend the limitation period in exceptional circumstances such as if the aggrieved person plaintiff appellant or petitioner was a minor or has filed a bankruptcy 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 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 13 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 the discovery rule does not apply to mass media such as newspapers and the Internet the statute of limitations begins to run at the date of publication 14 In 2013 the U S Supreme Court unanimously ruled in Gabelli v SEC that the discovery rule does not apply to U S Securities and Exchange Commission s investment advisor fraud lawsuits since one of the purposes of the agency is to root out fraud 15 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 a judge will not issue an injunction if the requesting party waited too long to ask for it Such periods are subject to broad judicial discretion For US military cases the Uniform Code of Military Justice UCMJ states that all charges except those facing court martial 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 EditThis section needs expansion You can help by adding to it June 2015 See also Extinctive 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 16 and Romanian law 17 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 citation needed 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 18 Prescription should not be confused with the need to prosecute within a reasonable delay as obligated by the European Court of Human Rights 19 Laws by region EditInternational 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 In 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 Victoria Edit 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 22 failed verification 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 23 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 24 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 25 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 groups such as SNAP Australia 26 Care Leavers Australia Network 27 and Broken Rites have submitted evidence to the Victoria inquiry 28 and the Law Institute of Victoria 29 has advocated changes to the statute of limitations Western Australia Edit The Criminal Procedure Act 2004 outlines the statute of limitations stating that a simple offence an offence which can only be brought to a magistrate s court and cannot include more than 12 months imprisonment as the maximum penalty shall have a statute of limitations of 12 months However all crimes offences which can be brought to a district court or the supreme court have no statute of limitations Furthermore a person may be charged with a simple offence after 12 months if the person consents to such a charge being laid or if that offence has a different statute of limitations as provided by law 30 Canada Edit Summary conviction offences have a limitation period of 12 months 31 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 32 In sexual abuse cases in particular men and women have been charged and convicted up to five decades after the abuse had been committed 33 34 35 Civil law limitations vary by province 36 In Ontario this is governed by the Limitations Act 2002 37 Finland Edit 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 citation needed Germany Edit 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 Totschlag Murder genocide crimes against humanity war crimes and the crime of aggression 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 Strafgesetzbuch as follows 30 years for offences which are punishable by a maximum term of imprisonment 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 38 In the civil code Burgerliches Gesetzbuch 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 Edit The statute of limitations in India is defined by the Limitations Act 1963 39 The statute of limitations for criminal offences is governed by Sec 468 of the Criminal Procedure Code Ireland Edit Main article Statute of Limitations in Ireland New Zealand Edit 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 40 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 Edit 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 41 Philippines Edit In the Philippines the Revised Penal Code has different limitation periods based on the penalty of the crime 42 Reclusion perpetua or reclusion 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 monthsOther 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 Edit 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 43 Turkey Edit Turkish Code of Obligations sets the general limitation period to ten years which applies where the law does not provide a specific limitation period 44 There is no statute of limitations for sexual offenses committed against minors however under both the Turkish Penal Code article 99 and Turkish Civil Code Law No 2827 45 United Kingdom Edit Main articles Limitation periods in the UK and Limitation Act 1980 Unlike many countries the United Kingdom has no statute of limitations for criminal offences above summary offences offences tried exclusively in the magistrates court 46 In these cases criminal proceedings must be brought within six months according to the Magistrates Courts Act 1980 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 47 For civil claims the statute 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 Edit In the United States statutes of limitations may apply in criminal procedures and civil lawsuits 48 49 Statutes of limitations vary significantly among U S jurisdictions A government agency is permitted by the Congress to create under federal regulations its own statute of limitations 50 Retroactive extensions Edit The U S Supreme Court held in Stogner v California by a 5 4 majority that California s retroactive extension of the criminal statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law 51 Civil statutes Edit A civil statute of limitations applies to a non criminal legal action including a tort or contract case If the statute of limitations expires before a lawsuit is filed the defendant may raise the statute of limitations as an affirmative defense 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 Edit A criminal statute of limitations defines a time period during which charges must be initiated for a criminal offense 52 If a charge is filed after the statute of limitations expires the defendant may obtain dismissal of the charge Initiation of charges Edit 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 53 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 defendant based upon a DNA profile derived from evidence obtained through a criminal investigation 54 Although rare a grand jury can issue an indictment 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 55 Heinous crimes Edit 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 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 56 For example waiting many years for an alibi witness to die before commencing a murder trial would be unconstitutional citation needed Military law Edit Under the U S Uniform Code of Military Justice UCMJ desertion has no statute of limitations 57 Maritime Injury LawUnder 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 58 State laws Edit This table is incomplete you can help by expanding it State Misdemeanor Felony NotesConnecticut 1 year 59 Terrorism resulting in death 55 years Murder involving rape cannibalism or a child 50 years Mass murder 45 years Murder 40 years Terrorism not resulting in death 30 years Manslaughter 25 years Rape 15 years Violent felonies 10 years Nonviolent felonies 5 years Nonviolent felonies committed by a minor 2 years citation needed A bill was proposed to abolish the statute of limitations for most sex offenses but it was not submitted for a vote in the state senate Efforts continue to pass legislation to extend the limitations period for the prosecution of sex offenses 60 Michigan 6 years Murder No limits Kidnapping extortion assault with intent or conspiracy to murder 10 years Sexual conduct violence or abuse If DNA evidence is present but offender has not been identified No limits If DNA evidence is present and offender identified or when the victim turns 21 whichever is earlier 10 years Against a minor below the age of 18 10 years Others 6 years citation needed Statute of limitation tolls if defendant is not a resident and did not usually and publicly reside in the state See MCL 767 24North Carolina 2 years No limits No statute of limitations for malicious misdemeanors per NCGS 15 1Utah Sexual conduct violence or abuse against a minor below the age of 18 10 years after the victim becomes 18 years old 61 Murder rape manslaughter aggravated kidnapping No limits 62 Wyoming None No limits No statute of limitationsExceptions Edit 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 may derail any prosecution after many years have passed 63 Fraud on the court Edit Further information Judicial misconduct When an officer of the court 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 64 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 65 Officer of the court includes any judge law clerk court clerk lawyer investigator probation officer referee legal guardian parenting time expeditor mediator evaluator administrator special appointee and or anyone else whose influence is part of the judicial mechanism 66 67 Continuing violations doctrine Edit In tort 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 68 69 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 70 Whether the continuing violations doctrine applies to a particular violation is subject to judicial discretion it was said to apply to copyright infringement in the jurisdiction of the Seventh Circuit 71 but not in the jurisdiction of the Second Circuit 72 73 See also Edit Wikiquote has quotations related to Statute of limitations Adverse possession Nullum tempus occurrit regi Tort reformReferences Edit 28 U S C 2462 Time for commencing proceedings a b Statute of Limitations California Court Judicial Branch Public Access Records Retrieved 6 June 2014 Subtitle B Criminal Alien Provisions Sec 321 Amended Definition of Aggravated Felony PDF U S Congress U S Congress p 629 c EFFECTIVE DATE The amendments made by this section shall apply to actions taken on or after the date of the enactment of this Act regardless of when the conviction occurred Special Historic Session Opening Remarks HistoricSpecial section PDF www courts ca gov Supreme Court Of California Retrieved 6 June 2014 California Courts Judicial Council Public Access Records California Courts Rewriting Amendments Retrieved 6 June 2014 State Statutes of Limitations FindLaw Thomson Reuters Retrieved 4 May 2017 Halsbury s Laws of England 4th edition Allen Danielle S 2003 The World of Prometheus The Politics of Punishing in Democratic Athens Princeton University Press p 154 ISBN 978 0 691 09489 2 Statutes of Repose for Construction PDF SDVLaw com Saxe Doernberger amp Vita P C Retrieved 4 May 2017 MCL 600 5839 Michigan Legislature State of Michigan Retrieved 4 May 2017 Cal Civ Proc Code 337 15 California Legislative Information State of California Retrieved 4 May 2017 Fla Stat 95 11 3 c Online Sunshine State of Florida Retrieved 4 May 2017 Gabelli v Securities and Exchange Commission Wolk v Olson 730 F Supp 2d 376 U S District Court for the Eastern District of Pennsylvania Harvard Law School 2 August 2010 The issue before the Court is whether the Pennsylvania Supreme Court would apply the discovery rule to toll the statute of limitations in a mass media defamation case The Court holds that it would not Macy J 2013 Opinion analysis That which does not kill the SEC may make the agency stronger SCOTUSblog La prescrizione del reato dopo la ex Cirielli Diritto Penale Retrieved 5 June 2013 Codul Penal Articolul 180 Prescripția Retrieved 9 October 2013 Ridley Yvonne 12 May 2012 Bush Convicted of War Crimes in Absentia www foreignpolicyjournal com Foreign Policy Journal Retrieved 12 October 2014 Archived copy 1 September 2022 Archived from the original on 1 September 2022 Retrieved 30 October 2022 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Kohout David Statutory Limitation of Crimes under International Law Lessons Taken from the Prosecution of Nazi Criminals in Germany after 1945 and the New Demjanjuk Case Law International Comparative Jurisprudence Vol 3 Issue 1 2017 pp 37 54 The statute of limitation Parliament of Australia Retrieved 11 March 2021 Parliamentary Inquiry On The Handling Of Child Abuse By Religious And Other Non Government Organisations Parliament of Victoria Retrieved 31 July 2014 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Parliament of Victoria Inquiry Into The Handling of Child Abuse by Religious and Other Organizations Retrieved 9 May 2013 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Victoria ends statutory time limit on historical child sex abuse cases www theaustralian com au Australian Associated Press Retrieved 12 October 2014 Inquiry Into the Handling of Child Abuse by Religious and Other Organisations PDF Parliament of Victoria Retrieved 31 July 2014 Waller Legal response PDF Parliament of Victoria Retrieved 31 July 2014 A Submission by Care Leavers Australia Network CLAN to the Inquiry into the handling of child abuse by religious and other organisations PDF Parliament of Victoria Retrieved 31 July 2014 Broken Rites response PDF Parliament of Victoria Retrieved 31 July 2014 Inquiry Into the Processes by Which Religious and Other Non government Organisations Respond to the Criminal Abuse of Children by Personnel Within Their Organisations PDF Parliament of Victoria Retrieved 31 July 2014 Criminal Procedure Act 2004 Retrieved 11 March 2023 Criminal Code Section 786 2 Government of Canada Retrieved 29 November 2021 a href Template Cite web html title Template Cite web cite web a CS1 maint location link Criminal Procedure The Canadian Encyclopedia Retrieved 1 September 2019 Judge sentences 80 year old woman to 1 year in prison for sex crimes CTV News 10 February 2020 Un homme de 94 ans evite la prison pour des viols commis il y a 50 ans Le Quotidien in French 6 September 2019 Quebec actor Edgar Fruitier guilty of indecent assaults committed in the 70s Montreal Gazette 22 July 2020 Limitation Periods in Canada s Provinces and Territories PDF fenninsurance com Olga Gil Research Services Archived from the original PDF on 4 March 2016 Retrieved 30 October 2008 Limitations Act 2002 S O 2002 c 24 Sched B E laws gov on ca 24 July 2014 Retrieved 31 July 2014 GERMAN CRIMINAL CODE www gesetze im internet de Retrieved 3 August 2018 Microsoft Word LIMITATION ACT PDF Retrieved 5 August 2019 Criminal Procedure Act 2011 No 81 as at 03 November 2021 Public Act 25 Time for filing charging document New Zealand Legislation www legislation govt nz Retrieved 26 November 2021 Stortinget fjerner foreldelsesfristen in Norwegian Dagsavisen 16 June 2014 Retrieved 5 June 2017 Marcelo Simeon V 1 April 2020 Litigation and enforcement in the Philippines overview signon thomsonreuters com Retrieved 30 December 2020 Cold cases may walk again as South Korea removes statute of limitations on murder South China Morning Post 25 July 2015 Retrieved 15 September 2020 Baysal Pelin 3 January 2019 Litigation and enforcement in Turkey overview Westlaw Retrieved 28 December 2020 Cantekin Kayahan 30 September 2020 Turkey Constitutional Court Finds Violation of Constitutional Rights in Courts Failure to Decide on Abortion Authorization www loc gov Library of Congress Retrieved 28 December 2020 Wilson Steve Rutherford Helen Storey Tony Wortley Natalie Kotecha Birju 2020 English Legal System 4th ed OUP p 487 doi 10 1093 he 9780198853800 001 0001 ISBN 9780198853800 Wilson Steve Rutherford Helen Storey Tony Wortley Natalie Kotecha Birju 2020 English Legal System 4th ed OUP p 491 doi 10 1093 he 9780198853800 001 0001 ISBN 9780198853800 Statute of limitations LII Legal Information Institute Retrieved 31 March 2022 650 Length of Limitations Period www justice gov 19 February 2015 Retrieved 31 March 2022 See e g 8 C F R 1003 2 a General The Board 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 in pursuing the motion to reopen vi Filed based on specific allegations supported by evidence that the respondent is a United States citizen or national emphasis added Stogner v California 539 U S 607 2003 U S Supreme Court Harvard Law School 26 June 2003 p 233 Stogner v California oyez org Retrieved 30 December 2007 Doyle Charles 14 November 2017 Statute of Limitation in Federal Criminal Cases An Overview PDF Congressional Research Service Retrieved 18 March 2018 Grossman Jonathan 2014 Speedy Trial and the Statute of Limitations PDF Sixth District Appellate Program Retrieved 6 December 2017 Ullmer Frank B 2001 Using DNA Profiles to Obtain John Doe Arrest Warrants and Indictments Washington amp Lee Law Review 58 1585 Retrieved 6 December 2017 Denson Bryan 24 November 1996 D B Cooper legend lives Oregon Live archive Retrieved 6 March 2011 Sixth Amendment Limited Protection Against Excessive Prosecutorial Delay Northwestern University School of Law The Journal of Criminal Law and Criminology Retrieved 12 October 2014 Airman who went missing in 1977 found living double life in Florida Fox News 17 October 2017 33 U S Code 913 Filing of claims Legal Information Institute Cornell Law School Retrieved 31 December 2018 Reinhart Christopher 6 March 2015 Statute of Limitations for Prosecutions PDF Office of Legislative Research Research Report State of Connecticut Retrieved 22 May 2020 Krasselt Kaitlyn 20 February 2020 Legislature unlikely to eliminate civil statute of limitations for sex abuse Connecticut Post Retrieved 22 May 2020 Utah Code Section 76 1 301 1 le utah gov Retrieved 26 December 2022 Utah Code Section 76 1 301 le utah gov Retrieved 26 December 2022 Criminal Statutes of Limitations for All 50 States resources lawinfo com In re Bressman 874 F 3d 142 U S Court of Appeals for the Third Circuit Harvard Law School 18 October 2017 p 482 Bulloch v United States 763 F 2d 1115 U S Court of Appeals for the Tenth Circuit Harvard Law School 22 May 1985 p 1121 Deprivation Of Rights Under Color Of Law U S Department of Justice DOJ 31 May 2021 Persons acting under color of law within the meaning of this statute include police officers prisons guards and other law enforcement officials as well as judges care providers in public health facilities and others who are acting as public officials Federal Civil Rights Statutes Federal Bureau of Investigation FBI Continuing Violation Doctrine Law and Legal Definition definitions uslegal com Retrieved 24 January 2019 Egervary v Young 366 F 3d 238 U S Court of Appeals for the Third Circuit Harvard Law School 30 April 2004 p 246 Traditionally in tort law proximate cause has been defined as a person s wrongful conduct which is a substantial factor in bringing about harm to another Treanor v MCI Telecommunications Corp 200 F 3d 570 U S Court of Appeals for the Eighth Circuit Harvard Law School 7 January 2000 p 573 Taylor v Meirick 712 F 2d 1112 U S Court of Appeals for the Seventh Circuit Harvard Law School 7 July 1983 p 573 Stone v Williams 970 F 2d 1043 U S Court of Appeals for the Second Circuit Harvard Law School 13 July 1992 pp 1049 50 Archived copy PDF Archived from the original PDF on 18 January 2012 Retrieved 13 August 2011 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Retrieved from https en wikipedia org w index php title Statute of limitations amp oldid 1144069806, wikipedia, wiki, book, books, library,

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