The cause of action dictates the statute of limitations, which can be reduced or extended in order to ensure a full and fair trial.
Common law legal systems can include a statute specifying the length of time within which a claimant or prosecutor must file a case.
A statute of repose limits the time within which an action may be brought based upon when a particular event occurred (such as the completion of construction of a building or the date of purchase of manufactured goods), and does not permit extensions.
[9][10][11][12] If a person receives an electric shock due to a wiring defect that resulted from the builder's negligence during construction of a building, the builder is potentially liable for damages if the suit is brought within the time period defined by the statute, normally starting with the date that construction is substantially completed.
After the statutory time period has passed, without regard to the nature or degree of the builder's negligence or misconduct, the statute of repose presents an absolute defense to the claim.
Statutes of repose are sometimes controversial; manufacturers contend that they are necessary to avoid unfair litigation and encourage consumers to maintain their property.
Many jurisdictions toll or suspend the limitation period in exceptional circumstances such as if the aggrieved person (plaintiff, appellant or petitioner) was a minor, or has filed a bankruptcy proceeding.
Equitable tolling may also be applied if an individual may intimidate a moving party into not reporting or has been promised a suspended period.
The U.S. Supreme Court has described the "standard rule" of when the time begins as "when the plaintiff has a complete and present cause of action."
According to U.S. district judge Sean J. McLaughlin, the discovery rule does not apply to mass media such as newspapers and the Internet; the statute of limitations begins to run at the date of publication.
[15] In private civil matters, the limitation period may generally be shortened or lengthened by agreement of the parties.
Under the Uniform Commercial Code, the parties to a contract for sale of goods may reduce the limitation period to one year but not extend it.
Limitation periods that are known as laches may apply in situations of equity; a judge will not issue an injunction if the requesting party waited too long to ask for it.
If the charges are dropped in all UCMJ proceedings except those headed for general court-martial, they may be reinstated for six months after which the statute of limitations has run out.
In civil law countries, almost all lawsuits must be brought within a legally-determined period at the end of which the right of action is extinguished.
Over the last decade of the 20th century, many United States jurisdictions significantly lengthened the statute of limitations for sex offenses, particularly against children, as a response to research and popular belief that a variety of causes can delay the recognition and reporting of crimes of this nature.
[citation needed] Common triggers for suspending the prescription include a defendant's fugitive status or the commission of a new crime.
[18] Prescription should not be confused with the need to prosecute within "a reasonable delay" as obligated by the European Court of Human Rights.
In Australia, there are no statutes of limitation in criminal proceedings if the maximum penalty that can be imposed for an offence committed by an individual includes imprisonment for more than 6 months.
[23] According to Attorney General Robert Clark, the government will remove statutes of limitations on criminal child abuse; victims of violent crime should be given additional time, as adults, to deal with the legal system.
[25] An argument for abolishing statutes of limitations for civil claims by minors and people under guardianship is ensuring that abuse of vulnerable people would be acknowledged by lawyers, police, organizations and governments, with enforceable penalties for organisations which have turned a blind eye in the past.
[37] In Finland, the authority of a prosecuting official to bring charges for a crime expires after a set period of time has passed since the act.
The law was also changed to let cases involving domestic violence, forced marriage, human trafficking and genital mutilation to count from the day the defendant turns 18 years old.
In July 2015, the National Assembly abolished a 25-year limit on first degree murder; it had previously been extended from 15 to 25 years in December 2007.
[52] A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case.
[54] When the identity of a defendant is not known, some jurisdictions provide mechanisms to initiate charges and thus stop the statute of limitations from running.
For example, some states allow an indictment of a John Doe defendant based upon a DNA profile derived from evidence obtained through a criminal investigation.
[55] Although rare, a grand jury can issue an indictment in absentia for high-profile crimes to get around an upcoming statute of limitations deadline.
"[66] Officer of the court includes any judge, law clerk, court clerk, lawyer, investigator, probation officer, referee, legal guardian, parenting-time expeditor, mediator, evaluator, administrator, special appointee, and/or anyone else whose influence is part of the judicial mechanism.