Definitions #
A law that sets the maximum time after an event within which legal proceedings may be initiated.
Technical A statutory deadline requiring that a claim be filed within a specified period after the cause of action accrues, varying by jurisdiction and case type.
Example The defendant moved to dismiss the case because the plaintiff filed the lawsuit after the statute of limitations had expired.
Etymology #
Statute (from Latin statutum, 'a decree') + limitations (from Latin limitare, 'to bound'), literally the law that places boundaries on legal action.
Collocations #
- tolling the statute 中止诉讼时效,暂停计算期间(例如因被告不在管辖范围内)
- running of the limitations period 时效期间的计算
- extinguish the right 届满后权利本身消灭,不仅无法起诉
Real Business Examples #
- The contract included a clause shortening the statute of limitations for breach of contract claims to one year.
- The court held that the discovery rule tolled the statute of limitations until the plaintiff could reasonably have discovered the defect.
Register & Variants #
- Register: formal
- BrE/AmE: 英式常用 limitation period;美式常用 statute of limitations
Synonyms & Antonyms #
- Synonyms: limitation period, prescription period
Common Errors #
- Treating the limitation period as the same for all types of claims Different claims (contract, tort, fraud) have different periods; always check the applicable statute.
- Ignoring possible tolling after a defendant leaves the jurisdiction The clock may be paused; consult counsel to assess whether tolling applies.
Confusable Terms #
- Statute of Repose vs Statute of Limitations
- A statute of repose is a fixed deadline from the date of the act (e.g., product delivery), regardless of when injury occurred, unlike the discovery rule that can delay the claim's start.
Frequently Asked Questions
What happens if you file after the statute of limitations??
The court will typically dismiss the case as time-barred, and the defendant may raise it as an affirmative defense.
Can the statute of limitations be extended??
Yes, the parties can agree to waive or extend it in some cases, or the law may provide for tolling.
Is the statute of limitations the same in every jurisdiction??
No, each jurisdiction sets its own periods for different causes of action.
Published: 2026-09-23 Category: Litigation