Statute of Limitations for amount of time after civil lawsuit is filed and when it see's trial?

Discussion in 'Use of the Law Forum & News' started by IHateRenoSaveMe, Sep 30, 2015.

  1. IHateRenoSaveMe

    IHateRenoSaveMe Law Topic Starter Guest

    I was told that if a lawsuit is filed, it has 5 years to see trial and if it does not go to trial within 5 years then the plaintiff is burnt. I need to know if that is a Nevada rule or a federal rule and where exactly that is written so that I may site that rule and/or statute in a motion to dismiss.
  2. army judge

    army judge Super Moderator

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    There are many reasons a lawsuit can appear to languish in a do nothing state of no progress.

    I know of no five year rule that magically kills the lawsuit.
    Michael Wechsler likes this.
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    The statute of limitations applies to bringing a lawsuit meaning taking action - filing a lawsuit. One of the purposes of the statute of limitations is to provide relief to a defendant regarding frivolous lawsuits. If a plaintiff doesn't think a lawsuit is important enough to file after a certain number of years, a defendant should not be hassled. The statute of limitations puts an end to legal harassment. If the courts end up delaying a lawsuit that has already been filed then, like @army judge, I cannot see how the lawsuit should be dismissed automatically as a matter of law. Unfortunately personal injury lawsuits can take an interminable amount of time to be fully litigated. Crazy as it may seem, I've heard of accident cases in New York take in excess of five years from filing to finish.