Statute of limitations
Encyclopedia
A statute of limitations is an enactment
in a common law
legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. In civil law
systems, similar provisions are typically part of the civil code
or criminal code
and are often known collectively as periods of prescription.
s designated as misdemeanor
s to two years after the offense occurred. Under such a statute, if a person is discovered to have committed a misdemeanor three years earlier, the time has expired for the person to be prosecuted. While it may seem unfair to forbid prosecution of crimes that law enforcement can later prove to a standard required by law (cf., e.g. beyond a reasonable doubt
, clear and convincing evidence, and preponderance of the evidence), the purpose of a statute of limitations or its equivalent is to ensure that the possibility of punishment for an act committed long ago cannot give rise to either a person's incarceration or the criminal justice system's activation. In short, unless the crime is deemed exceptionally heinous – for example, murder
, to which the statute does not generally apply – social justice as enacted through law says that lesser crimes from long ago are best left alone so as not to distract attention from more serious crimes.
Limitations periods begin when a cause of action is deemed to have arisen or when a plaintiff had reason to know of the harm, rather than at the time of the original event. This distinction is significant in cases in which an earlier event causes a later harm (e.g. a surgeon negligently operates on a patient, who subsequently suffers the consequences of that negligence years later).
In a related concept, contracts may also have a term under which they may be the basis of a suit, and after which a plaintiff
is held to have waived any right to claim. Under Article VI of the United States Constitution
, private contracts cannot be abridged; this provision has been held by the United States Supreme Court to mean that the federal government or a State can only vitiate a contract if it directly opposes an important public policy. Similarly, the Charter of Fundamental Rights, codified into law applicable to European Union
countries by the passage civil lawsuit
, is said to have accrued when the event beginning its time limitation occurs. Sometimes it is the event itself that is the subject of the suit or prosecution (such as a crime or personal injury), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial "repressed memory
" cases where someone discovers memories of childhood sexual abuse
long afterwards.
With respect to the United States as a defendant, suits against the government are generally forbidden without some waiver of sovereign immunity
. Since the Spending Clause of the United States Constitution
vests only Congress
with power to spend money from the public fisc
, the Supreme Court
has held that only Congress may waive sovereign immunity, and Congress may place limitations on any such waiver. Therefore, statutes of limitation are typically seen as a limitation on the waiver of sovereign immunity, which is jurisdictional in nature. This distinguishes the United States from other parties, in that if the statute of limitations has run, a court has no jurisdiction over a case against the United States. Because the Spending Clause does not give any power to the Executive Branch or the Judicial Branch, officials of agencies in the Executive Branch may not enter into agreements tolling the statute of limitations, and courts may not toll the statute of limitations under equitable tolling
principles in claims against the United States.
. A statute of repose limits the time within which an action may be brought and is not related to the accrual of any cause of action; the injury need not have occurred, much less have been discovered. Unlike an ordinary statute of limitations, which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued or whether any injury has resulted. This often applies to buildings and properties, and limits the time during which an action may lie based upon defects or hazards connected to the construction of the building or premises. An example of this would be that if a person is electrocuted
by a wiring defect incorporated into a structure in, say, 1990, a state law may allow his heirs to sue only before 1997 in the case of an open (patent) defect, or before 2000 in the case of a hidden defect. Statutes of repose can also apply to manufactured goods. Manufacturers contend they are necessary to avoid unfairness and encourage consumers to maintain their property. Consumer groups argue that statutes of repose on consumer goods provide a disincentive for manufacturers to build durable products and to notify consumers of product defects as the manufacturers become aware of them. Consumer groups also argue that such statutes of repose disproportionately affect poorer people
, since they are more likely to own older goods.
, or delayed, under certain circumstances. Tolling will prevent the time for filing suit from running while the condition exists. Examples of such circumstances are if the aggrieved party (plaintiff) is a minor, or the plaintiff has filed a bankruptcy
proceeding. In those instances, in most jurisdictions, the running of limitations is tolled until the circumstance (i.e., the injured party reaches majority in the former or the bankruptcy proceeding is concluded in the latter) no longer exists.
There may be a number of factors that will affect the tolling of a statute of limitations. In many cases, the discovery of the harm (as in a medical malpractice
claim where the fact or the impact of the doctor's mistake is not immediately apparent) starts the statute running. In some jurisdictions the action is said to have not accrued until the harm is discovered; in others, the action accrues when the malpractice occurs, but an action to redress the harm is tolled until the injured party discovers the harm.
As discussed in Wolk v. Olson, the discovery rule does not apply to mass-media publications such as newspapers and the Internet; the statute of limitations begins to run at the date of publication.
An action to redress a tort
committed against a minor is generally tolled in most cases until the child reaches the age of majority. A ten-year-old who is injured in a car accident might therefore be able to bring suit one, two, or three years after he turns 18.
It may also be inequitable to allow a defendant to use the defense of the running of the limitations period, such as the case of an individual in the position of authority over someone else who intimidates the victim into never reporting the wrongdoing, or where one is led to believe that the other party has agreed to suspend the limitations period during good faith settlement negotiations or due to a fraudulent misrepresentation.
Generally speaking, in the case of private, civil matters, the limitations period may 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 limitations period to not less than one year but may not extend it.
Although such limitations periods generally are issues of law, limitations periods known as laches
may apply in situations of equity (i.e., a judge will not issue an injunction
if the party requesting the injunction waited too long to ask for it). Such periods are not clearly defined and are subject to broad judicial discretion
.
For U.S. military cases, the Uniform Code of Military Justice
states that all charges except for those facing general court martial (where a death sentence
could be involved) have a five-year statute of limitation. This statute changes once charges have been prepared against the service member. In all supposed UCMJ violations except for those headed for general court martial, should the charges be dropped, there is a six-month window in which the charges can be reinstated. If those six months have passed and the charges have not been reinstated, the statutes of limitation have run out.
The Italian case is quite peculiar in this regard since lawsuits and trials must be ended, rather than started, within such a time limit. This makes it effectively possible to avoid a guilty sentence by delaying the trial enough for the time limit to expire.
For criminal cases, this means that the public prosecutor must prosecute within some time limit. The time limit varies from country to country, and increases with seriousness of the alleged crime (for example, in most jurisdictions, there is no statute of limitations for murder
). When a time limit is suspended, it does not run (akin to hitting "Stop" on a stopwatch
). Common triggers include the defendant being on the run. When a time limit is interrupted, it is restarted (like hitting "Reset" on a stopwatch
). This may be triggered by a new crime committed.
If a criminal is on the run, he can be convicted in absence
, in order to prevent prescription, or the time limit does not elapse during that time.
The prescription must not be confused with the need to prosecute within "a reasonable delay", an obligation imposed by the European Court of Human Rights
. Whether the delay is reasonable or not, will depend on the complexity of the trial and the attitude of the suspect.
is found to have fraudulently presented facts to court so that the court is impaired in the impartial performance of its legal task, the act, known as "fraud upon the court", is a crime deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statute of limitation.
Officers of the court include: Lawyers, Judges, Referees, and those appointed; Guardian Ad Litem, Parenting Time Expeditors, Mediators, Rule 114 Neutrals, Evaluators, Administrators, special appointees, and any others whose influence are part of the judicial mechanism.
"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication". Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23
In Bullock v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is 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."
, genocide
, crimes against humanity, and war crimes are usually not subject to statute of limitations, nor to prescription. This custom has been codified in a number of multilateral treaties
. States that ratify the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity agree to not allow limitations claims for these crimes. Article 29 of the Rome Statute of the International Criminal Court
states that genocide, crimes against humanity, and war crimes "shall not be subject to any statute of limitations".
law, if a defendant commits a series of illegal acts against another person, or, in criminal law, if someone commits a continuing crime (like molesting a child over a long period of time, which can be charged as a single offense), the period of limitation may begin to run from the last act in the series. In the 8th Circuit
case of Treanor v. MCI Telecommunications, Inc., the court explained that the continuing violations doctrine "tolls [i.e freezes] the statute of limitations in situations where a continuing pattern forms due to [illegal] acts occurring over a period of time, as long as at least one incident … occurred within the limitations period". However, in the United States, there has been doctrinal confusion in the courts regarding whether or not the continuing violations doctrine applies to particular violations. For example, the continuing violations doctrine has been ruled to apply to copyright infringement
per Taylor v. Meirick 712 F.2d 1112, 1119 (7th Cir. 1983), but has been ruled to not apply per Stone v. Williams, 970 F.2d 1043, 1049-50 (2d Cir. 1992).
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
in a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. In civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
systems, similar provisions are typically part of the civil code
Civil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
or criminal code
Criminal Code
A criminal code is a document which compiles all, or a significant amount of, a particular jurisdiction's criminal law...
and are often known collectively as periods of prescription.
Applications
Common law legal system might have a statute, for example, limiting the time for prosecution of a debt or crimeCrime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s designated as misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
s to two years after the offense occurred. Under such a statute, if a person is discovered to have committed a misdemeanor three years earlier, the time has expired for the person to be prosecuted. While it may seem unfair to forbid prosecution of crimes that law enforcement can later prove to a standard required by law (cf., e.g. beyond a reasonable doubt
Beyond a Reasonable Doubt
Beyond a Reasonable Doubt is a 1956 film directed by Fritz Lang and written by Douglas Morrow. The film, considered film noir, was the last American film directed by Lang.-Plot:...
, clear and convincing evidence, and preponderance of the evidence), the purpose of a statute of limitations or its equivalent is to ensure that the possibility of punishment for an act committed long ago cannot give rise to either a person's incarceration or the criminal justice system's activation. In short, unless the crime is deemed exceptionally heinous – for example, murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
, to which the statute does not generally apply – social justice as enacted through law says that lesser crimes from long ago are best left alone so as not to distract attention from more serious crimes.
Reasons for statutes of limitation
One reason is that, over time, evidence can be corrupted or disappear, memories fade, crime scenes are changed, and companies dispose of records. The best time to bring a lawsuit is while the evidence is not lost and as close as possible to the alleged illegal behavior. Another reason is that people want to get on with their lives and not have legal battles from their past come up unexpectedly. The injured party has a responsibility to quickly bring about charges so that the process can begin.Limitations periods begin when a cause of action is deemed to have arisen or when a plaintiff had reason to know of the harm, rather than at the time of the original event. This distinction is significant in cases in which an earlier event causes a later harm (e.g. a surgeon negligently operates on a patient, who subsequently suffers the consequences of that negligence years later).
In a related concept, contracts may also have a term under which they may be the basis of a suit, and after which a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
is held to have waived any right to claim. Under Article VI of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, private contracts cannot be abridged; this provision has been held by the United States Supreme Court to mean that the federal government or a State can only vitiate a contract if it directly opposes an important public policy. Similarly, the Charter of Fundamental Rights, codified into law applicable to European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
countries by the passage civil lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
, is said to have accrued when the event beginning its time limitation occurs. Sometimes it is the event itself that is the subject of the suit or prosecution (such as a crime or personal injury), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial "repressed memory
Repressed memory
Repressed memory is a hypothetical concept used to describe a significant memory, usually of a traumatic nature, that has become unavailable for recall; also called motivated forgetting in which a subject blocks out painful or traumatic times in one's life...
" cases where someone discovers memories of childhood sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
long afterwards.
With respect to the United States as a defendant, suits against the government are generally forbidden without some waiver of sovereign immunity
Sovereign immunity
Sovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
. Since the Spending Clause of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
vests only Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
with power to spend money from the public fisc
Fisc
Under the Merovingians and Carolingians, the fisc applied to the royal demesne which paid taxes, entirely in kind, from which the royal household was meant to be supported, though it rarely was...
, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has held that only Congress may waive sovereign immunity, and Congress may place limitations on any such waiver. Therefore, statutes of limitation are typically seen as a limitation on the waiver of sovereign immunity, which is jurisdictional in nature. This distinguishes the United States from other parties, in that if the statute of limitations has run, a court has no jurisdiction over a case against the United States. Because the Spending Clause does not give any power to the Executive Branch or the Judicial Branch, officials of agencies in the Executive Branch may not enter into agreements tolling the statute of limitations, and courts may not toll the statute of limitations under equitable tolling
Equitable tolling
Equitable tolling is a principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations period...
principles in claims against the United States.
Statute of repose
An idea closely related, but not identical, to the statute of limitations is a statute of reposeStatute of repose
A statute of repose , like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline.-Statutes of repose and statutes of limitation:...
. A statute of repose limits the time within which an action may be brought and is not related to the accrual of any cause of action; the injury need not have occurred, much less have been discovered. Unlike an ordinary statute of limitations, which begins running upon accrual of the claim, the period contained in a statute of repose begins when a specific event occurs, regardless of whether a cause of action has accrued or whether any injury has resulted. This often applies to buildings and properties, and limits the time during which an action may lie based upon defects or hazards connected to the construction of the building or premises. An example of this would be that if a person is electrocuted
Electric shock
Electric Shock of a body with any source of electricity that causes a sufficient current through the skin, muscles or hair. Typically, the expression is used to denote an unwanted exposure to electricity, hence the effects are considered undesirable....
by a wiring defect incorporated into a structure in, say, 1990, a state law may allow his heirs to sue only before 1997 in the case of an open (patent) defect, or before 2000 in the case of a hidden defect. Statutes of repose can also apply to manufactured goods. Manufacturers contend they are necessary to avoid unfairness and encourage consumers to maintain their property. Consumer groups argue that statutes of repose on consumer goods provide a disincentive for manufacturers to build durable products and to notify consumers of product defects as the manufacturers become aware of them. Consumer groups also argue that such statutes of repose disproportionately affect poorer people
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
, since they are more likely to own older goods.
Expiry
Once the time allowed for a case by a statute of limitations runs out, if a party raises it as a defense and that defense is accepted, any further litigation is foreclosed. However, most jurisdictions provide that limitations are tolledTolling (law)
Tolling is a legal doctrine which allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations. Certain traditional conditions will toll a statute of limitations:* Plaintiff is a minor....
, or delayed, under certain circumstances. Tolling will prevent the time for filing suit from running while the condition exists. Examples of such circumstances are if the aggrieved party (plaintiff) is a minor, or the plaintiff has filed a bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
proceeding. In those instances, in most jurisdictions, the running of limitations is tolled until the circumstance (i.e., the injured party reaches majority in the former or the bankruptcy proceeding is concluded in the latter) no longer exists.
There may be a number of factors that will affect the tolling of a statute of limitations. In many cases, the discovery of the harm (as in a medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...
claim where the fact or the impact of the doctor's mistake is not immediately apparent) starts the statute running. In some jurisdictions the action is said to have not accrued until the harm is discovered; in others, the action accrues when the malpractice occurs, but an action to redress the harm is tolled until the injured party discovers the harm.
As discussed in Wolk v. Olson, the discovery rule does not apply to mass-media publications such as newspapers and the Internet; the statute of limitations begins to run at the date of publication.
An action to redress a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
committed against a minor is generally tolled in most cases until the child reaches the age of majority. A ten-year-old who is injured in a car accident might therefore be able to bring suit one, two, or three years after he turns 18.
It may also be inequitable to allow a defendant to use the defense of the running of the limitations period, such as the case of an individual in the position of authority over someone else who intimidates the victim into never reporting the wrongdoing, or where one is led to believe that the other party has agreed to suspend the limitations period during good faith settlement negotiations or due to a fraudulent misrepresentation.
Generally speaking, in the case of private, civil matters, the limitations period may be shortened or lengthened by agreement of the parties. Under the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
the parties to a contract for sale of goods may reduce the limitations period to not less than one year but may not extend it.
Although such limitations periods generally are issues of law, limitations periods known as laches
Laches (equity)
Laches is an "unreasonable delay pursuing a right or claim...in a way that prejudices the [opposing] party" When asserted in litigation, it is an equitable defense, or doctrine...
may apply in situations of equity (i.e., a judge will not issue an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
if the party requesting the injunction waited too long to ask for it). Such periods are not clearly defined and are subject to broad judicial discretion
Judicial discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence...
.
For U.S. military cases, the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
states that all charges except for those facing general court martial (where a death sentence
Death Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...
could be involved) have a five-year statute of limitation. This statute changes once charges have been prepared against the service member. In all supposed UCMJ violations except for those headed for general court martial, should the charges be dropped, there is a six-month window in which the charges can be reinstated. If those six months have passed and the charges have not been reinstated, the statutes of limitation have run out.
Prescription
In civil law countries, almost all lawsuits must be started within a legally determined period. If they are presented after that time, an institution called prescription applies, which prevents them from filing the case.The Italian case is quite peculiar in this regard since lawsuits and trials must be ended, rather than started, within such a time limit. This makes it effectively possible to avoid a guilty sentence by delaying the trial enough for the time limit to expire.
For criminal cases, this means that the public prosecutor must prosecute within some time limit. The time limit varies from country to country, and increases with seriousness of the alleged crime (for example, in most jurisdictions, there is no statute of limitations for murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
). When a time limit is suspended, it does not run (akin to hitting "Stop" on a stopwatch
Stopwatch
A stopwatch is a handheld timepiece designed to measure the amount of time elapsed from a particular time when activated to when the piece is deactivated. A large digital version of a stopwatch designed for viewing at a distance, as in a sports stadium, is called a stopclock.The timing functions...
). Common triggers include the defendant being on the run. When a time limit is interrupted, it is restarted (like hitting "Reset" on a stopwatch
Stopwatch
A stopwatch is a handheld timepiece designed to measure the amount of time elapsed from a particular time when activated to when the piece is deactivated. A large digital version of a stopwatch designed for viewing at a distance, as in a sports stadium, is called a stopclock.The timing functions...
). This may be triggered by a new crime committed.
If a criminal is on the run, he can be convicted in absence
In absentia
In absentia is Latin for "in the absence". In legal use, it usually means a trial at which the defendant is not physically present. The phrase is not ordinarily a mere observation, but suggests recognition of violation to a defendant's right to be present in court proceedings in a criminal trial.In...
, in order to prevent prescription, or the time limit does not elapse during that time.
The prescription must not be confused with the need to prosecute within "a reasonable delay", an obligation imposed by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. Whether the delay is reasonable or not, will depend on the complexity of the trial and the attitude of the suspect.
Fraud upon the court
In the United States, when an officer of the courtOfficer of the court
The generic term officer of the court applies to all those who, in some degree in function of their professional or similar qualifications, have a legal part—and hence legal and deontological obligations—in the complex functioning of the judicial system as a whole, in order to forge justice out of...
is found to have fraudulently presented facts to court so that the court is impaired in the impartial performance of its legal task, the act, known as "fraud upon the court", is a crime deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statute of limitation.
Officers of the court include: Lawyers, Judges, Referees, and those appointed; Guardian Ad Litem, Parenting Time Expeditors, Mediators, Rule 114 Neutrals, Evaluators, Administrators, special appointees, and any others whose influence are part of the judicial mechanism.
"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication". Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23
In Bullock v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is 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."
International crimes
By way of custom of international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity, and war crimes are usually not subject to statute of limitations, nor to prescription. This custom has been codified in a number of multilateral treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
. States that ratify the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity agree to not allow limitations claims for these crimes. Article 29 of the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
states that genocide, crimes against humanity, and war crimes "shall not be subject to any statute of limitations".
Heinous crimes in the U.S.
Crimes that are considered exceptionally heinous by society have no statute of limitations. As a rule, there is no statute of limitations for murder, especially capital or first-degree murder.Continuing violations doctrine
In tortTort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
law, if a defendant commits a series of illegal acts against another person, or, in criminal law, if someone commits a continuing crime (like molesting a child over a long period of time, which can be charged as a single offense), the period of limitation may begin to run from the last act in the series. In the 8th Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
case of Treanor v. MCI Telecommunications, Inc., the court explained that the continuing violations doctrine "tolls [i.e freezes] the statute of limitations in situations where a continuing pattern forms due to [illegal] acts occurring over a period of time, as long as at least one incident … occurred within the limitations period". However, in the United States, there has been doctrinal confusion in the courts regarding whether or not the continuing violations doctrine applies to particular violations. For example, the continuing violations doctrine has been ruled to apply to copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
per Taylor v. Meirick 712 F.2d 1112, 1119 (7th Cir. 1983), but has been ruled to not apply per Stone v. Williams, 970 F.2d 1043, 1049-50 (2d Cir. 1992).
See also
- Adverse possessionAdverse possessionAdverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property . By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true...
- Equitable tollingEquitable tollingEquitable tolling is a principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the limitations period...
- LachesLaches (equity)Laches is an "unreasonable delay pursuing a right or claim...in a way that prejudices the [opposing] party" When asserted in litigation, it is an equitable defense, or doctrine...
- Limitation Act 1980Limitation Act 1980The Limitation Act 1980 is a British Act of Parliament. It is a statute of limitations which provides timescales within which action may be taken for breaches of the law. For example it provides that breaches of an ordinary contract are actionable for six years after the event whereas breaches of...
(England and Wales) - Nullum tempus occurrit regiNullum tempus occurrit regiNullum tempus occurrit regi , sometimes abbreviated nullum tempus, is a common law doctrine originally expressed by Bracton in his De legibus et consuetudinibus Angliae in the 1250s. It states that the crown is not subject to statute of limitations...
- Statute of Limitations in IrelandStatute of Limitations in IrelandThe Statute of Limitations, 1957 and the Statute of Limitations Act, 1991 imposes a limit on the right of action so that after a prescribed period any action will be time barred...
- Statute of reposeStatute of reposeA statute of repose , like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline.-Statutes of repose and statutes of limitation:...
- Tort reformTort reformTort reform refers to proposed changes in common law civil justice systems that would reduce tort litigation or damages. Tort actions are civil common law claims first created in the English commonwealth system as a non-legislative means for compensating wrongs and harm done by one party to...