Defenses and Affirmative Defenses
Procedural Defenses
A statute of limitations fixes the period within which suit must be filed, measured from accrual of the claim. Periods vary by claim type, commonly one to six years for tort and contract claims.
Accrual may be delayed by the discovery rule, and the period may be tolled by minority, incapacity, fraudulent concealment, or agreement.
Alternative Names:
Limitations Period, Time Bar
Why it Matters?
Limitations is the cleanest defense available, since it disposes of the claim without regard to liability or damages. It is also the most time-sensitive to evaluate: the analysis requires identifying the correct period for each claim, the accrual date, and any tolling, all of which should be assessed at intake rather than after discovery. In malpractice and construction claims, the interaction with statutes of repose adds a second and sometimes shorter outer limit.
Frequently Confused with
Related terms
Frequently asked questions
When does the limitations period start running?
Can the period be extended?
