Statutes of Limitations: Everything You Wanted to Know and BarBri Didn't Tell You

Criminal Statutes of Limitation:

[17-A M.R.S.A. § 8]

• Statutes of limitation set the expiration of the period during which a prosecution may be commenced.

No limitation for:

• Murder; and
• incest, unlawful sexual contact, sexual abuse of a minor, and gross sexual assault if the victim was under 16 at the time of the crime.

6 years for:

• Class A, B, or C.

3 years for:

• Class D or E.

Criminal tolling:

Limitations period does not run when:

• Defendant is absent from the state, but this tolling cannot extend the period of limitation by more than 5 years.
• During any time when a prosecution against the accused for the same crime based on the same conduct is pending in this state (i.e., if the indictment gets dismissed without prejudice before attachment of double jeopardy, the prosecutor can start over again even if the SoL otherwise would have run).

Defendant charged with murder or a class A,B,C crime within the limitations period can be convicted of any lesser included offense, even if the SoL has run on the lesser included offense.
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Various Civil Limitations Periods:

[14 M.R.S.A. § 751-754, 11 M.R.S.A. § 2-725, etc.]

6 years is the default rule that applies to every civil action that isn't specifically given a different period.

No limit for:

• civil recovery for sexual acts toward a minor.
  

20 years for:

• contracts under seal, promissory notes signed in the presence of an attesting witness, or on the bills, notes or other evidences of debt issued by a bank
  
• adverse possession
• right of reentry (20 years from date that right to re-enter arose)
  

4 or 20 years for:

• land surveyors: 4 years from discovery, 20 years from services.
  

4 or 10 years for:

• architects and engineers: 4 years from discovery, 10 years from substantial completion of the construction or services.

4 years for:

• Sale of Goods (UCC)
  

2 years for:

• property damage, bodily injury and death from skiing and hang gliding.
• assault
• battery
• false imprisonment
• slander
  
• libel

1 year for:

• sureties in a criminal case (bail bonds)

Civil Tolling:
Conditions of the Plaintiff:

• in real actions (to get your real property back), minors, the mentally ill, those imprisoned and those absent from the United States *when the cause of action first accrues* may bring the action within 10 years after the disability is removed (or through heirs), even if the 20 years has run.
• in other civil actions, for minors, the mentally ill, those imprisoned and those absent from the United States *when the cause of action first accrues* the SoL period begins to run when disability is removed.

Condition of the Defendant:

• If a person is out of the State when a cause of action accrues against him, the action may be commenced within the time limited therefor after he comes into the State.
  
• If a person is absent from and resides out of the State, after a cause of action has accrued against him, the time of his absence from the State shall not be taken as a part of the time limited for the commencement of the action.

Discovery Rules:

• see above for architects, engineers, land surveyor rules.
  
• fraud and fraudulent concealment of any cause of action by the one liable for it tolls the SoL until the cause of action is discovered. Then 6 years.
• Attorney malpractice (6 years) starts to run immediately, even if malpractice is undiscovered, EXCEPT negligence in titles and wills/trusts which are tolled until discovery.

Miscellaneous Stuff:

• Debts barred by the SoL can be renewed only by a promise to pay that is in writing.
• There are too many SoLs for commercial paper to figure out. They're here if you don't believe me.
  

More Contractual Nuance: PMBR Blue Book

A written contract may be modified orally, despite a written contract requiring modifications to be in writing. The oral modification is an oral waiver of the requirement. EXCEPT: UCC says that oral modification of a contract that expressly requires modification in writing is not enforceable unless the aggrieved party has materially changed position in reliance on the oral modification.

When there is a contract for construction of a new building, and the first attempt is destroyed by fire, the builder is not excused from starting over. Contractor bears risk of loss until completion. The rule for repair is the opposite.

Instead of illusory contract, look for option/offer (even if not supported by consideration) that is not revoked prior to acceptance, e.g. by tendering the purchase price.

UCC: If seller acts in bad faith in setting a price term, buyer can set reasonable price.

UCC: Specific performance is authorized in favor of the buyer when the goods are unique.

Equal dignity rule: agency agreement must be in writing to bind principal on a contract covered by the statute of frauds.

Solving an obstacle to completion of a job is not a legal consideration. An attempt to resolve a bona fide dispute is.

Look for consideration substitute based on change in position in reliance... promissory estoppel.