Statute of Limitations
In determining which statute of limitations will control in a civil action, the type of CAUSE OF ACTION that the claim will be pursued under is critical. States establish different deadlines depending on whether the cause of action involves a contract, personal injury, LIBEL, FRAUD, or other claim.
Once the cause of action is determined, the date of the injury must be fixed. A cause of action ordinarily arises when the party has a right to apply to the proper court for relief. Some states, for example, require a person to bring a lawsuit for breach of contract within six years from the date the contract was breached. The action cannot be started until the contract has actually been violated, even though serious disagreements between the parties might have occurred earlier. Conversely, the time limit within which to bring an action for fraud does not begin until the fraud has been discovered.
- Statute of Limitations - Recovered Memory: Stopping The Clock
- Statute of Limitations - Criminal Actions
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