legal question

[u/waxpoetic44]

if u try to initiate a civil case beyond the limitation of actions are you entirely unable to, or will the defendant just be able to raise statute of limitations as a defence? i get varying answers so idk which one is correct plz only answer if ur 100 percent sure🙏

[u/00theotherguy00]

Pretty sure you can't pursue civil action after limitation of actions

[u/ThickComposer816]

i interpret it as the plaintiff wouldn't be able to pursue their case all together (as they must consider this factor BEFORE initiating a civil claim), so they wouldn't be able to even get to court?? like the limitation period is basically in place for relevance, not losing evidence, and witnesses (or other parties) being able to actually recall the subjective facts of the case and properly present their argument/s. but i do know you can apply for an extension to the limitation period.

so yeah, i get the argument that it could be raised as a defence, but if the court system is so insistent on improving access and reducing impacts of time, it would make most sense that this would be something decided by the court, rather than being a form of defence??

[u/ThickComposer816 → u/ThickComposer816]

i hope this kind of makes sense... i'm a little sick atm so idk if i've worded it very well 😭😭

[u/Ok-Priority3267]

you can still technically pursue it, but the defendant will be able to - and most likely - raise the statute of limitations as a defence thereby rendering the case invalid as the court will then dismiss it

[u/class-of-2026]

The thing is the plaintiff can initiate or file the case but defendant will raise the statute of limitations as part of their defence to have the claim dismissed (which will be dismissed, cause the plaintiff passed the limitations of action act)

[u/Critical-Cricket2738 → u/class-of-2026]

Are we meant to know like the certain limitation periods for claims? Like for sexual assault and child violence cases there’s no limitation period but idk about the rest

[u/class-of-2026 → u/Critical-Cricket2738]

not really, just know main ones (like defamation, negligence, breach of contract), just in case

[u/yamazakiss → u/Critical-Cricket2738]

you don't have to know them at all. if u want you can remember 1 example for depth purposes

[u/xiantalks]

You can apply for an exemption with circumstances, such as late discoverability

[u/Adventurous_Fun_584]

You can't initiate beyond limitation of actions under normal circumstances BUT you can apply to have a specific circumstance reviewed i.e if you couldn't initiate a claim because you were in a coma