Statutes of Limitation

Question 1

When does a statute of limitations start to run?

Answer 1

Upon accrual of the cause of action

• The date of injury or breach, regardless of whether the P was aware of it at that time
  
  • Not from date P discovered or should have discovered

Question 2

What tolls the statute of limitations? Service or filing?

Answer 2

Filing, so if service is not made until after the statute of limitations has run, that is okay as long as the suit was filed beforehand

But P must service process within 12 months of filing or else he cannot win judgment

Question 3

Who bears the burden of showing the statute of limitation bars the claim?

Answer 3

D

Question 4

What are the statute of limitations for:

• Personal injuries
• Nonphysical personal torts
• Defamation
• Property damage
• Property damages for sales under UCC
• Fraud
• Wrongful death
• Written contracts
• Unwritten contracts
• Unlawful detainer

Answer 4

• Personal injuries - 2 years
• Nonphysical personal torts - 2 years
• Defamation - 1 year
• Property damage - 5 years
• Property damages for sales under UCC - 4 years
• Fraud - 2 years
• Wrongful death - 2 years from death
• Written contracts - 5 years
• Unwritten contracts - 3 years
• Unlawful detainer - 3 years from detention

Question 5

How does D raise a statute of limitations defense?

Answer 5

Special plea

Question 6

When P files a complaint, that tolls the statute of limitations for what?

Answer 6

• P’s claim
• Counterclaims arising from same T/O
• Crossclaims arising from same T/O

Question 7

When might the statute of limitations start to run later than date of injury or breach?

Answer 7

• Fraud, mistake, or undue influence (discovery)
• Malicious prosecution (end of underlying case)
• Contribution (when one pays more than fair share)
• Medical malpractice (end of full course of treatment)

Question 8

What does it mean to toll the statue of limitations?

What will toll the statute of limitaitons?

Answer 8

Stop it from running

Sources of tolling:

• Minority
• Being of unsound mind

Question 9

Does minority toll the statute of limitations in medical malpractice cases?

Answer 9

Not if the child is 8 or older - 2 year SOL applies

If child is younger than 8, can sue until 10 years old

Question 10

Which causes of action have a 2-year SOL?

Answer 10

• Personal injuries
• Nonphysical personal torts
• Fraud
• Wrongful death (2 years from death)

Question 11

Which causes of action have a 1-year SOL?

Answer 11

Defamation

Question 12

Which causes of action have a 3-year SOL?

Answer 12

Unwritten contracts

Unlawful detainer (3 years from detainer)

Question 13

Which causes of action have a 4-year SOL?

Answer 13

Property damages for sales under UCC

Question 14

What causes of action have a 5-year SOL?

Answer 14

Property damage

Written contracts

Question 15

Does D have to plead the specific statute to assert an SOL defense?

Answer 15

No.

Question 16

If plaintiff files the case within 30 days of the expiration of the statute of limitations, defendant may implead up to….

Answer 16

60 days past the statute’s expiration