Editing Statute of limitations (section)

{{short description|Law which sets a maximum time for the initiation of legal proceedings}}
{{Use dmy dates|date=August 2021}}
{{Criminal defenses}}
A '''statute of limitations''', known in [[civil law (legal system)|civil law]] systems as a '''prescriptive period''', is a law passed by a [[legislature|legislative body]] to set the maximum time after an event within which [[legal proceeding]]s may be initiated.<ref name="28USC2462">{{USC|28|2462}} ("Time for commencing proceedings")</ref><ref name=cal>{{cite web|title=Statute of Limitations|url=http://www.courts.ca.gov/9618.htm|website=California Court Judicial Branch|publisher=Public Access Records|access-date=6 June 2014|ref=California Code of Civil Procedure sections 312–366}}</ref> In most jurisdictions, such periods exist for both [[criminal law]] and civil law such as [[contract]] law and [[property law]], though often under different names and with varying details.

When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period.<ref name="aggravated felony">{{Cite web |url=https://www.congress.gov/104/plaws/publ208/PLAW-104publ208.pdf#page=629 |title=Subtitle B—Criminal Alien Provisions, Sec. 321. Amended Definition of Aggravated Felony |page=629 |work=U.S. Congress |quote=(c) EFFECTIVE DATE.—The amendments made by this section shall apply to [[wrongdoing|actions taken]] on or after the date of the enactment of [[Illegal Immigration Reform and Immigrant Responsibility Act of 1996|this Act]], regardless of when the [[conviction]] occurred....}}</ref>

When a statute of limitations expires in a [[Criminal procedure|criminal case]], the courts no longer have [[jurisdiction]]. In many jurisdictions with statutes of limitation there is no time limit for dealing with particularly serious crimes.

In civil law systems, such provisions are typically part of their [[civil code|civil]] and [[criminal code]]s. The [[cause of action]] dictates the statute of limitations, which can be reduced or extended in order to ensure a full and fair [[trial]].<ref name=":0">{{cite web|last1=Special Historic Session|title=Opening Remarks:HistoricSpecial section|url=http://www.courts.ca.gov/documents/compsum2.pdf|website=www.courts.ca.gov|publisher=Supreme Court Of California|access-date=6 June 2014}}</ref> The intention of these laws is to facilitate resolution within a "reasonable" period of time.<ref>{{cite web|last1=California Courts|first1=Judicial Council|title=Public Access Records|url=http://www.courts.ca.gov/selfhelp-start.htm|website=California Courts|publisher=Rewriting Amendments|access-date=6 June 2014}}</ref> What amount of time is considered "reasonable" varies from country to country.<ref>{{cite web|title=State Statutes of Limitations|url=http://statelaws.findlaw.com/statutes-of-limitations.html|website=FindLaw|publisher=Thomson Reuters|access-date=4 May 2017}}</ref> In some countries, as in the US, it may vary from jurisdiction to jurisdiction and state (or province, etc.) to state. Internationally, the statute of limitations may vary from one civil or criminal action to another. Some countries do not have a statute of limitations.

Analysis of a statute of limitations also requires the examination of any associated [[statute of repose]], [[tolling (law)|tolling provisions]], and exclusions.