QUESTION

Is there a statue of limitation in Indiana

Asked on May 24th, 2016 on Civil Litigation - Indiana
More details to this question:
Misdemeanor case of check deception case from 1991 last time the case was touched was 1994, was wondering if there was a statue of limitations to a case such as this.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
You have placed this question in the category of "civil litigation", but have referred to a "misdemeanor", which is a term applicable only to criminal law, so I am not clear whether you are referring to a criminal or a civil case.  I don't handle criminal law, so I will assume you mean a civil case. There is a statute of limitations for every civil claim, but such limitations period provide for the time within which an action must be started.  Once the action has timely been started, the statute of limitations has been satisfied, no matter how long it takes for that case to be completed.  There are, however, requirements (which vary by jurisdiction) for actively prosecuting an action.  If a plaintiff has taken no action for a certain period of time, the case may be subject to being dismissed for lack of prosecution.  However, in many states (I don't know about Indiana), there is a notice requirement.  Thus, for example, you may be required to send a notice to the plaintiff that you will seek to have the case dismissed for lack of prosecution and he/she/it may then have a certain period of time to do something in the case.  Many times a defendant will not start this process because they don't want to wake the plaintiff up and potentially get the case moving again.
Answered on May 24th, 2016 at 10:06 AM

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