Statute of limitations

What statute of limitations means

In short, statute of limitations is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.

Where statute of limitations comes up

For example, the term appears in these procedures:

• Affirmative Defenses (Fed. R. Civ. P. 8(c)): defenses that defeat or reduce a claim even if the plaintiff's allegations are true. Rule 8(c)(1) lists examples such as statute of limitations, res judicata, release, payment and waiver.

How to research the term

To research statute of limitations, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the official rule text online for free.

Related legal terms

• Affirmative defense: a defense that defeats or reduces a claim even if the plaintiff's allegations are true, such as the statute of limitations.
• Res judicata: claim preclusion: a final judgment on the merits generally bars the same parties from relitigating the same claim.
• Collateral estoppel: issue preclusion: an issue actually decided in a prior case may not generally be relitigated by the same parties.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.