Finding Statutes of Limitations (9/09)
Finding the statute of limitations for a cause of action can be a difficult process at best. Part of the problem is that statutes of limitations are known by various names in different courts and states. A state may call the limitations period a statute of limitations, a limitation of actions, or a statute of repose. Additionally, the method for finding a statute of limitations in case law is different from the method of finding a statute of limitations in statutes.
Lexis has one source that is very good for finding a summary of a state’s statute of limitations. Martindale-Hubbell®Law Digest contains an article for each state’s statutes of limitations together with citation to the statutes. The Martindale-Hubbell®Law Digest can be located using the following path:
Reference > Martindale-Hubbell(R) > Law Digests > Martindale-Hubbell(R) Law Digest
Use the following segment search to retrieve the applicable statutes of limitations for the state of Ohio:
heading(ohio) and section(limitation)
Statutes of limitations in codes can be located by running a segment search in the applicable state statutes. Due to the differences between states on naming statutes of limitations, different segment searches must be run depending upon the state. Thirty states, the District of Columbia, and the Virgin Islands use the following search to retrieve statutes of limitations:
heading(limitation of actions)
If a state is not in the following list, use the search given above. For all other states use the following searches:
- California – heading(time of commencing civil actions)
- Connecticut, Missouri, Montana – heading(statutes of limitation)
- Guam – section(limi! /3 time or statut!)
- Illinois, North Carolina – heading(civil procedure and limitations)
- Indiana – heading(limitation on actions and statutes of limitation)
- Louisiana – heading(periods of prescription)
- Maryland – heading(atleast2(limitations))
- Minnesota, Pennsylvania, Vermont – heading(limitation of time)
- New Jersey – heading(limitations and set-off)
- New York – heading(limitations of time or statutes of limitation)
- North Dakota – heading(time for commencing actions)
- Puerto Rico – heading(prescription of actions)
- Rhode Island – heading(civil) and section(limitation)
- South Carolina – heading(limitation of civil actions)
- Texas – heading(limitations and trial matters)
- Utah – heading(limitation of action) or section(limitation of action)
- Wisconsin – heading(limitations of commencement of actions)
For example, to find the statute of limitations in California for slander, run the following search in CA - Deering's California Codes Annotated:
heading (time of commencing civil actions) and unanno (slander)
To locate a statute of limitations for slander in case law or in other sources such as treatises or law reviews, use the following search string:
(statut! w/2 limitation or repose) or (limit! or right or commenc! w/2 action) or (action or right w/2 accru!) or (time or period w/2 bar! or subscription or prescription) or laches w/10 slander
For additional information on searching statutes or case law, or using segments in your search, visit the LexisNexis Support Center.
