Also known as: statute of limitations · statutes of limitation · statutes of limitations · SOL · limitation period
Written by attorneys · grounded in primary & secondary sources — see below
A statutory time bar that prevents a party from commencing a claim after a specified period has elapsed from the accrual of the cause of action. The bar extinguishes the remedy while leaving the underlying right intact unless revival is permitted by law.
Sydney Santos files a complaint against Summit Bank alleging breach of contract within the four-year limitations period. After the period expires, she seeks to amend the complaint to add a new defendant. Because the applicable limitations law permits relation back, the amendment is treated as timely filed on the date of the original pleading.
Sylvia Santos, a New York resident, sues Sapphire Technologies, a Delaware corporation, in federal court in New York for personal injury. The claim would be time-barred under New York law but timely under federal practice. The court applies New York limitations rules because disregarding them would produce a materially different outcome than in state court.
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Sabrina Shah owes Solomon Silver on a contract that became unenforceable after the limitations period ran. Shah later writes to Silver acknowledging the debt and promising to pay half. The promise binds Shah even though the original claim is time-barred.
Sophia Singh and Samantha Stone end their cohabitation. Singh sues Stone for breach of an oral agreement made during their relationship. The claim accrues on the date of breach and remains timely if filed within the contractual limitations period after termination.
A state legislature extends the limitations period for a sexual assault offense after the original period has expired for a particular defendant. Prosecutors then file charges against the defendant for conduct that occurred before the extension. The new statute cannot revive the time-barred prosecution.
Sierra Solutions files a diversity complaint in federal court on the last day permitted by state law. The defendant moves to dismiss on limitations grounds because service occurs after the state period has run. The court looks to state tolling rules rather than federal filing rules to decide whether the action is timely.
Federal courts apply state limitations periods and tolling rules because they are substantive for Erie purposes. Ignoring them would produce outcomes materially different from those in state court.
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Relation back occurs when the law supplying the applicable limitations period permits it. The amendment must arise from the same conduct or occurrence set out in the original pleading.
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A promise to pay an antecedent debt is binding if the only bar is the statute of limitations. Acknowledgment of the debt or a statement that the defense will not be pleaded can operate as such a promise.
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No. Retroactive extension of a limitations period after it has expired violates the Ex Post Facto Clause by altering the legal consequences of past conduct.
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…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…