Tierce v. Ellis

This decision upheld Alabama's rule of repose as absolute. This rule exists to prevent antiquated or outdated claims from being brought before the courts. Even if the facts of a case are undisputed and evidence shows justification for a claim, the rule of repose disallows any claim that has not been initiated within the specified time.

The state of Alabama's rule of repose does not permit legal actions to be brought to the courts if they have not been initiated within 20 years from the time when they could have begun. This ensures that the courts do not become clogged with "antiquated" claims many years after the matter in question has passed. The facts of the case and the merits of the argument do not matter if the issue has not been initiated within 20 years, the claim cannot be brought to the courts.

The rule of repose is not the same thing as a statute of limitations. Different types of claims are governed by different statutes of limitations--in some states, for example, the statute of limitations for paternity claims is 18 years. Other types of claims are regulated by varying statutes of limitations. But the rule of repose sets a limit of 20 years for all claims.