The statute of limitations can be a confusing term to anyone who doesn’t hear it regularly or work in the law industry. In a nut shell, the statute of limitations is a term to convey that after a certain period of time, an incident, accident, or event cannot be prosecuted because of the lack of evidence, witnesses, or facts. This applies in both criminal and civil lawsuits, and is put in place to protect others from people who want to produce a stale and or fraudulent lawsuit for personal gain.

The statute of limitations is used by the defendant in response to a plaintiff’s action against them after the appropriate time has elapsed. The defendant must claim this defense as he answers the plaintiff’s complain in court. If he fails to, the “statute of limitations” defense considered waived, and is no longer permissible in the case.

Statute of limitations are created by the legislature, and with some restriction they have the authority to extend or shorten the time limits. The court is not allowed to extend time limits unless the statute allows it to.

In civil cases, the law says the suit must be presented within a reasonable amount of time. A statute of limitations can be unconstitutional if there is not enough time for a plaintiff to gather evidence or to start a lawsuit. Depending on the state, parties can extend or shorten the amount of time given in a contract.

Most states have a statute of limitations in all criminal lawsuits except murder. When the statute of limitations expires, the court is unable to prosecute anyone in the case. Felonies and misdemeanors have different limitations, and generally the time limit starts when the crime was committed, not when it was discovered or the accuser was discovered. The statute may be paused or suspended while the defendant is out of state or while any indictment for the crime is pending. This is to protect the court in the event the original indictment is found invalid; they will have time to produce another.

The main goal of the statute of limitations is to encourage victims to come forward with their case while memories are fresh, witnesses are still alive, and evidence can still be collected. If years pass before charges are pressed, evidence and people disappear and the case outcome may not be accurate. A statute of limitations works to protect others and give the fairest outcome in a court case.