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ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Commencing Legal Proceedings and Procedures Before Trial

How much time does one have to decide whether to file a civil law suit?

It varies depending on the nature of the suit. Each state, and the federal government, has statutes of limitations. These govern the amount of time you have in which to sue after the incident on which the suit is based takes place, and you have more or less time depending on the kind of suit involved. The justification for imposing these time limits is that it is unfair to require a defendant to provide a defense long after the incident occurred, when memories may no longer be fresh and evidence may no longer be available. Thus, after the time limit set forth in the applicable statute of limitations has run out, the plaintiff is barred from bringing suit--no matter how meritorious the case. Some limitation periods are very short, so you should determine early how long you have to bring your case.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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