Also known as:statute of limitations · statute of limitation · statutes of limitation · SOL · limitation period · prescription period
Written by attorneys — see sources below.
A statutory time limit on commencing an action or prosecution after the underlying events occur. The limit protects defendants from defending against stale claims where evidence may have deteriorated and encourages timely pursuit of remedies. It operates as an affirmative defense that bars recovery once the period expires unless tolled, revived by promise, or extended by relation back or other rules.
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How its tested
Common Examples
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Relation Back in Amended Pleading
Sarah Sullivan filed a complaint against Silverline Industries within the applicable limitations period alleging breach of a supply contract. After the period expired she amended to add a new defendant. Because the governing limitations law permits relation back the amendment is treated as timely filed.
Erie Application in Diversity Suit
Sylvia Santos sued Summit Bank in federal court under diversity jurisdiction for breach of a loan agreement governed by state law. The bank moved to dismiss on the ground that the claim was time-barred under the forum state's shorter limitations period. The court applied the state limitations rule because ignoring it would produce a materially different outcome than in state court.
Spencer Silver owed Southland Foods an unpaid invoice that had become unenforceable under the statute of limitations. Silver later wrote to the company admitting the debt still existed and promising to pay half. The acknowledgment made the debt enforceable again.
Accrual of Cohabitants Claim
Sydney Santos and Simon Stern ended their cohabitation after five years. Santos sued Stern for breach of an oral agreement allocating property acquired during the relationship. The claim accrued on the date of termination and remained timely under the contractual limitations period.
Ex Post Facto Revival Barred
Stephen Shaw was indicted for a crime after the original limitations period had expired. A new statute purported to revive the prosecution by extending the period retroactively. The court dismissed the indictment because the extension violated the Ex Post Facto Clause.
Outcome-Determination Test Applied
Sapphire Holdings sued in federal diversity court on a contract claim that state law would have barred under its limitations period. The federal court applied the state rule because disregarding it would allow the plaintiff to prevail when the same claim would fail in state court.
Guaranty Trust Co. v. York[326 U.S.] at 110
In May 1930 the Van Sweringen Corporation issued $30,000,000 in notes under an indenture naming Guaranty Trust Co. of New York as trustee with power to enforce noteholders' rights. In October 1930 Guaranty and other banks advanced large sums to companies affiliated with the Corporation and controlled by the Van Sweringens. When the Corporation could not meet its obligations, Guaranty participated in an exchange plan under which noteholders could surrender their notes for cash equal to 50 percent of face value plus twenty shares of Van Sweringen stock per $1,000 note; the offer remained open until December 15, 1931.
In 1934 respondent York received $6,000 of the notes as a gift from a donor who had not accepted the exchange offer. In April 1940 three accepting noteholders filed the Hackner suit in federal court charging Guaranty with fraud and misrepresentation in connection with the exchange. York's motion to intervene was denied, and summary judgment for Guaranty was affirmed on appeal.
On January 22, 1942, after her exclusion from the Hackner litigation, York filed the present class action in the United States District Court for the Southern District of New York on behalf of non-accepting noteholders. The complaint, resting exclusively on diversity of citizenship, alleged that Guaranty had breached its trust by failing to protect noteholders' interests when it assented to the exchange offer and by failing to disclose its own self-interest.
The district court granted Guaranty's motion for summary judgment on the authority of the Hackner decision. The Circuit Court of Appeals reversed, holding that a federal court sitting in equity is not required to apply the New York statute of limitations that would govern an identical suit in the New York state courts. The Supreme Court granted certiorari.
How does the Erie doctrine treat statutes of limitations in diversity cases?
Federal courts must apply state limitations periods and tolling rules because they are substantive. Ignoring them would produce outcomes that differ materially from those in state court.
Supporting sources
When does a new promise revive a contract claim barred by limitations?
A promise to pay an antecedent debt remains binding if the only bar is the statute of limitations. An acknowledgment admitting the debt's existence or a statement that the defense will not be pleaded operates as such a promise.
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Does relation back under Rule 15 allow an amendment filed after the limitations period?
Relation back is permitted when the law supplying the limitations period itself allows the amendment to relate back to the original pleading date.
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Can a legislature revive a time-barred criminal prosecution?
No. Retroactively extending a limitations period after it has expired to reopen a prosecution violates the Ex Post Facto Clause.
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When does a claim for breach of a cohabitants agreement accrue?
The claim accrues on breach and may be brought during or after cohabitation subject to the contractual limitations period.
Supporting sources
380 U.S. 460 (1965)
…solved by reference to any traditional or common-sense substance-procedure distinction: "And so the question is not whether a statute of limitations is deemed a matter of procedure' in some sense. The question is . . . does it significantly affect the result of a litigation for a federal court to disregard a law of a State that would…