Military Law Issues
Limitations on Actions
The Statutes of Limitations are statutory (law) limits on the length of time for pursuing a legal remedy for a wrong. The statute starts running at the time a cause of action accrues, which is ordinarily when the injury occurs but may be when the injury is discovered. A statute of limitation limits the time in which a plaintiff may bring suit after the cause of action accrues, or the claim can be barred by an affirmative defense (unless an exception applies tolling (stopping) the running of the limit). Contracts can also shorten the statutory limitations.
States have differing statutes of limitations, and you are cautioned that this information is only for Michigan. You are cautioned that you may need to review the statue of limitations for other states for actions in those states. For example, a specific state’s limitations may pertain to a debt, as opposed to Michigan's limitations, if the debt originated in another state or you agreed in a contract to honor a specific state’s jurisdiction. As various exceptions apply, and even if the statute of limitations has run, tolling may have occurred, or another claim may be possible, this list cannot be determined to be definitive on your particular case and should not be construed as legal advice as to whether you can still file or defeat a particular lawsuit. Even in one state, there is not one statute of limitations, but actually several depending on the type of action. Michigan's limitations are listed below by category. As laws may change, the subject is complex, and this website may not be up-to-date, please review the code sections to determine the latest information.
Courts do not favor statutes of limitations. When two interpretations of a limitations statute are possible, the interpretation which allows the litigant seeking relief a longer period may be preferred or not, so consult an attorney. It is also a settled principle that a statute of limitations should not be extended or applied to cases not clearly within the provisions of the statute.
Additionally, it is possible that an action may be construed in different legal ways to have differing legal limitations depending upon the way the petition is drafted. Thus, it is important that you discuss these issues with an attorney and not depend upon this listing as a final listing. Additionally, times can be tolled because of certain actions, and the time frame could be exceeded. This list is provided only as general guidance and may not pertain to your legal case.
Statutes of Repose :
Statutes of Repose are the maximum time frame to bring a legal action, typically dating from an act of the defendant. A statute of repose prevents an act from even accruing and extinguishes an action after a fixed period of time. Statutes of repose prevent an action, even if the statute of limitations has not yet been exceeded, if the statute of repose has been exceeded.
Statutes of Limitations in Michigan
Selected Federal Statutes of Limitations