QUESTION

can i bring a motion to dismiss for going past statute of limitations to be brought at trial?

Asked on Oct 29th, 2014 on General Practice - Massachusetts
More details to this question:
it was asserted as an affirmative defense in the answer and now i need case law to support that answer
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You don't need case law to support the obvious proposition that a case which is brought after the statute of limitations has expired should be dismissed, you just need to show that the case was brought too late.  HOWEVER, statutes of limitations relate to when an action is commenced, not when it goes to trial.  If the statute of limitations on your claim is 4 years, and you commence an action three and a half years after the claim accrues, it will be timely even if it takes ten years to get to trial.
Answered on Oct 29th, 2014 at 10:29 AM

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