{"id":2282,"date":"2018-04-08T13:22:27","date_gmt":"2018-04-08T21:22:27","guid":{"rendered":"http:\/\/trainingpips.com\/?page_id=2282"},"modified":"2019-04-18T03:10:18","modified_gmt":"2019-04-18T11:10:18","slug":"ps-102-chapter-11-an-introduction-to-statutes-of-limitation","status":"publish","type":"page","link":"https:\/\/www.trainingpips.com\/index.php\/ps-102-a-course-outline\/ps-102-understanding-case-summaries\/ps-102-chapter-11-an-introduction-to-statutes-of-limitation\/","title":{"rendered":"PS 102 – Chapter 11 – An Introduction to Statutes of Limitation"},"content":{"rendered":"

Black’s Law<\/a> Dictionary provides the following definition and explanatory information<\/a>.<\/span><\/p>\n

Statute of limitations<\/a><\/u><\/strong><\/span><\/p>\n

    \n
  1. A statute establishing a time limit for suing in a civil<\/a> case<\/a>, based on the date when the claim<\/a> accrued (as when the injury occurred or was discovered).<\/em>
    \n<\/em>The purpose of such a statute is to require diligent prosecution of known claims, thereby providing finality and predictability in     legal<\/a> affairs and ensuring that claims will be resolved while evidence<\/a> is reasonably available and fresh. Also termed nonclaim statute.
    \n<\/em>“Statutes of limitation, like the equitable doctrine of laches, in their conclusive effects are designed to promote     justice<\/a> by preventing surprises through the revival of claims that have been allowed to slumber until evidence<\/a> has been lost, memories have faded, and witnesses have disappeared.” Order of R.R. Telegraphers v. Railway Express Agency, 321 U.S. 342, 389-49, 64 S.Ct. 582,586 (1944).<\/em><\/span><\/span><\/li>\n
  2. A statute establishing a time limit for prosecuting a crime, based on the date when the offense occurred. Cf. Statute of Repose.
    \n<\/em>“The purpose of a     statute of limitations<\/a> is to limit exposure to criminal prosecution to a certain fixed period of time following the occurrence of those acts the legislature had decided to punish by criminal sanctions. Such a limitation is designed to protect the individuals from having to defend themselves against charges when the basic facts have become obscured by the passage of time and to minimize the danger of official punishment because of acts in the far-distant past. Such a time limit may<\/a> also have the salutary effect of encouraging law<\/a> enforcement officials promptly to investigate suspected criminal activity.” Toussie v United States, 397 U.S. 112, 90 S.Ct. 858 (1970).<\/em><\/span><\/li>\n<\/ol>\n

    A statute of limitations<\/a> is a law<\/a> which places a time limit on pursuing a legal<\/a> remedy in relation to wrongful conduct<\/a> or perceived injury.<\/span><\/p>\n

    In a criminal law<\/a> context this means the authorities have a specified length of time after the commission of a crime in which to locate, arrest, and charge<\/a> the perpetrator. If the statute expires before they have done so then the charges can no longer be brought and the person<\/a> escapes “scot-free.”<\/span><\/p>\n

    In a civil<\/a> law<\/a> context (common for process servers) the impetus is on the wronged or injured person<\/a> to begin a court action<\/a> in a timely manner. A ‘timely manner’ is defined by the appropriate statute of limitations<\/a>. If the plaintiff fails to begin the legal<\/a> action<\/a> before the statute expires then he or she loses the right to file a lawsuit<\/a> seeking money damages<\/a> or other relief.<\/span><\/p>\n

    There are a variety of statutes of limitation in Washington law<\/a>. It is not unusual to hear them simply referred to as “the statute” as in “The statute has run” meaning the last day of the statute of limitations<\/a> has passed. Here are some (in whole or in part) of which a professional process server should be aware.<\/span><\/p>\n\n\n\n\n\n\n\n
    RCW 4.16.340<\/a> (in part)<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n(1)<\/span><\/td>\nAll claims or causes of action<\/a> based on intentional conduct<\/a> brought by a any person<\/a> for recovery of damages<\/a> for injury suffered as a result of childhood sexual abuse shall be commenced within the later of the following periods:<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(a)<\/span><\/td>\nWithin three years of the act alleged tohave caused the injury or condition<\/a>;<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(b)<\/span><\/td>\nWithin three years of the time the victim discovered or reasonably shouldhave discovered that the injury or condition<\/a> was caused by said act; or<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(c)<\/span><\/td>\nWithin three years of the time the victim discovered that the act caused the injury for which he claim<\/a> is brought:<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

     <\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n
    RCW 9A.04.080<\/a> (in part)<\/span><\/td>\n<\/tr>\n
    (1)<\/span><\/td>\nProsecution for criminal offenses shall not be commenced after the periods prescribed in this section.<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n(a)<\/span><\/td>\nThe following offenses may<\/a> be prosecuted at any time after their commission;<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(i)<\/span><\/td>\nMurder;<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(ii)<\/span><\/td>\nHomicide by abuse<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n(b)<\/span><\/td>\nThe following offenses shall not be prosecuted more than ten years after their commission;<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(i)<\/span><\/td>\nAny felony<\/a> committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach<\/a> of his or her public duty<\/a> or a violation of the oath of office;<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n <\/span><\/td>\n(ii)<\/span><\/td>\nArson if no death results; or<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n(f)<\/span><\/td>\nBigamy shallnot be prosecuted more than three years after the time specified in RCW 9A.64.080<\/a>.<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n(h)<\/span><\/td>\nNo other felony<\/a> may<\/a> be prosecuted more than three years after its commission;<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    RCW 4.56.190<\/a> (in part)<\/span>
    \nThe real estate of any     judgment debtor<\/a>, and such as the judgment debtor<\/a> may<\/a> acquire, not exempt by law<\/a>, shall be held and bound to satisfy any judgment<\/a> of the district court<\/a> of the United States rendered in this state and any judgment<\/a> of the supreme court, court of appeals, superior court, or district court<\/a> of this state,and every such judgment<\/a> shall be a lien<\/a> thereupon to commence as provided in RCW 4.56.200<\/a> and to run for a period of not to exceed ten years from the day on which said judgment<\/a> was entered unless the ten-year period is extended in accordance with RCW 6.17.020<\/a>(3).<\/span><\/p>\n\n\n\n\n
    RCW 6.17.020<\/a> (in part)<\/span><\/td>\n<\/tr>\n
    (1)<\/span><\/td>\nExcept as provided in subsections (2), (3), and (4) of this section, the party<\/a> in whose favor a judgment<\/a> of a court has been or may<\/a> be filed or rendered, or the assignee<\/a> or the current holder thereof, may<\/a> have an execution, garnishment<\/a>, or other legal<\/a> process issued for the collection or enforcement of the judgment<\/a> at any time within ten years from entry of the judgment<\/a> or the filing of the judgment<\/a> in this state.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

     <\/p>\n\n\n\n\n\n\n\n
    RCW 4.16.040<\/a> (in whole)<\/span><\/td>\n<\/tr>\n
    The following actions shall be commenced within six years:<\/span><\/td>\n<\/tr>\n
    (1)<\/span><\/td>\nAn action<\/a> upon a contract<\/a> in writing, or liability<\/a> express or implied arising out of a written agreement.<\/span><\/td>\n<\/tr>\n
    (2)<\/span><\/td>\nAn action<\/a> upon an account<\/a> receivable incurred in the ordinary course of business.<\/span><\/td>\n<\/tr>\n
    (3)<\/span><\/td>\nAn action<\/a> for the rents and profits or for the use and occupation of real estate.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

     <\/p>\n\n\n\n\n\n
    RCW 4.16.080<\/a> (in part)<\/span><\/td>\n<\/tr>\n
    The following actions shall be commenced within three years:<\/span><\/td>\n<\/tr>\n
    (2)<\/span><\/td>\nAn action<\/a> for taking, detaining, or injuring personal property, including an action<\/a> for the specific recovery thereof, or for any other injury to the person<\/a> or rights of another not hereinafter enumerated;<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

     <\/p>\n\n\n\n\n\n\n\n
    RCW 7.72.060<\/a> (in part)<\/span><\/td>\n<\/tr>\n
    Length of time product sellers are subject to liability<\/a>.<\/span><\/td>\n<\/tr>\n
    (1)<\/span><\/td>\nUseful safe life.<\/span><\/td>\n<\/tr>\n
     <\/span><\/td>\n(a)<\/span><\/td>\nExcept as provided in subsection (1)(b) hereof, a product seller shall not be subject to liability<\/a> to a claimant for harm under this chapter if the product seller proves by a preponderance of the evidence<\/a> that the harm was caused after the product’s “useful safe life” had expired.<\/span><\/td>\n<\/tr>\n
    (3)<\/span><\/td>\nStatute of limitation. Subject to the applicable provisions of chapter 4.16 RCW pertaining to the tolling and extension of any statute of limitation, no claim<\/a> under this chapter may<\/a> be brought more than three years from the time the claimant discovered the harm and its cause<\/a>.<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    Obviously an understanding of how time is computed is vital to the understanding of a statute of limitations<\/a>. There is a section of Process Serving 101 which deals with precisely that subject but a brief<\/a> mention here is valuable.<\/span><\/p>\n

    RCW 1.12.040<\/a> (in whole)<\/span>
    \nComputation of time. The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday, Saturday, or Sunday, and then it is also excluded.<\/span><\/p>\n

    CR 6(a) (in whole)<\/span>
    \n(a) Computation. In computing any period of time prescribed or allowed by these rules, by the local rules of any superior court, by order of court, or by any applicable statute, the day of the act, event, or     default<\/a> from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal<\/a> holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal<\/a> holiday. Legal<\/a> holidays are prescribed in RCW 1.16.050. When the period of time prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays and legal<\/a> holidays shall be excluded in the computation.<\/span><\/p>\n

    So what does this all mean from the process server’s point of view? Here is a typical example that brings the point home.<\/span><\/p>\n

    Let us suppose an automobile accident occurs on August 15, 2010. The first day, that is the day on which the accident occurred, is not counted as part of the three years (RCW 4.16.080<\/a>(2) above) which determine the ending date of the statute. Instead, August 16th is day one and therefore August 15, 2013, is the termination date of the statute. A slight grace is allowed if the last day (08-13-2013) happens to fall on a holiday, Saturday, or Sunday. If it does then the last day of the statute falls on the next day which is not a holiday, Saturday, or Sunday. There are situations where these extra few days can make a difference between service being obtained and a case<\/a> proceeding or the case<\/a> being dismissed because of the passage of the statute.<\/span><\/p>\n

    Meeting the statute is immensely important to everyone involved in the case<\/a>. If the plaintiff doesn’t meet the statute then the case<\/a> can’t proceed and he never gets his day in court. If the defendant<\/a> can avoid service until after the statute passes then he doesn’t have to worry about the case<\/a> because it can’t proceed.<\/span><\/p>\n

    Statutes of limitation have enormous implications for process servers. They are perhaps the single most important reason professional process servers carry errors and omissions (E&O) insurance. One of the worst situations in which a server can find himself is to be still in possession of service documents when the statute passes. It is not unusual for the server’s client to realize the case<\/a> against the original defendant<\/a> is now out of reach and to, rightly or wrongly, look to the server to make up for that loss<\/a>.<\/span><\/p>\n

    It is vital for process servers to have a system in place which will monitor assignments with close statutory deadlines. There are often alternative means of service which may<\/a> be used to serve documents on even the most elusive servee. Here are some hints and strategies which will help avoid problems relating to statutes of limitations.<\/span><\/p>\n