Statue Of Limitations

This list was updated on June 9, 2003. The law frequently changes. Therefore necessary for you to make certain that there have been no significant changes to any of the following statutes.

1. General Statute of Limitations- 3 years from the date the cause of action “accrues.” Discovery rule applicable to tort actions – the cause of actions accrues, and limitations begin to run, when the Plaintiff knew or reasonably should have known of the alleged wrong. (CJ 5-101)
2. Promissory Note or other instrument under seal, bond, (except a public officer’s bond See 5-104 – 5 years from the date of the bond), judgment, recognizance, contract under seal or “any other specialty”- 12 years after the cause of action accrues or within 12 years from the date of the death of the last to die of the principle debtor creditor, whichever is sooner (CJ 5102).
3. Adverse possession – 20 years from the date the cause of action accrues. (CJ 5-103).
4. Assault, libel or slander – 1 year from the date the cause of action accrues. (CJ 5-105).
5. Medical malpractice (action against health care provider) – 3 years from the date the injury is discovered or 5 years after the dare the injury was committed, whichever is sooner. (CJ 5-109).
6. Claim against architect, professional engineer or contractor – 3 years after the cause of action accrues (see (e) accrues when the injury or damage occurs) but no more than ten years after the date the entire improvement first became available for its intended use. (CJ 5-108) – 20 years if not against architect, professional engineer or contractor.
7. Suit for damages against a municipality or its employees – Notice of intent to use must e given within 180 days of the injury. Upon motion and for good cause, court may waive notice requirement unless defendant can affirmatively show that its defense has been prejudiced by lack of required notice. (CJ 5-304).
8. Suit against State – Must submit written claim to treasure within 1 year after injury to person or property that is the basis of the claim. If Treasurer denies claim finally, suit must be filed within 3 years after cause of action arises. (SG 12-106).
9. Employment discrimination claim – Claim must be filed with EEOC or Maryland Human Relations Commission within 180 days of the allegedly discriminatory act. (Art. 49B, section 9 et. Seq.; 42 U.S.C. section 20000e-5(e). if commission determines no probable cause and sends a right to sue letter, suit must be instituted within 90 days of the letter. (42 U.S.C. section 2000e-5(f)).
10. Mechanic liens – Petition to enforce must be filed within 180 days from the date the work was finished or the materials furnished. (RP 9-105). Right to enforce any lien expires at end of 1 year from the day on which the petition is filed to enforce the lien. (RP 9-109).
11. Claims against an estate- 6 months from the date of death or 2 months after Notice to Creditors, whichever is earlier. (ET 8-103). If decedent covered by a liability insurance policy, which at time action is instituted provides insurance coverage for the occurrence, then the filing of the claim is governed by the period of limitation generally applicable to such action. (ET 8104 (e)).
12. Workers compensation – Must file claim with commission within 60 days after accidental personal injury. Failure to do so bars claim unless excused by Commissioner. Claim is completely barred if fail  to file within 2 years from the date of the accident (LE 9-709), or 2 years from the date of the employer’s first report of accident to commissioner. (LE 9-708).
13. Bankruptcy – 90 days from the first date set for the first meeting of creditors. (BR Rule 3002). Chapters 7, 12, 13.
14. Federal estate tax return – 9 months from the date of death. (26 U.S.C.A. section 6075).
15. Other statutory limitations- see CJ 5-101 et. Seq.
16. Contract provisions may shorten time to make claim, i.e., some AIA contracts specify that a party must request arbitration within 1 year or waive any claims.
17. Administrative claims- check code and COMAR.

Virginia - 2 year statute of limitations

Delaware - 2 year statute of limitations

New Jersey - 2 year statute of limitations

 Every complaint in an action for negligence must state, all facts which are essential to the cause of action with a reasonable degree of certainty as is necessary to inform the defendant of the acts or omissions on which his or her liability is based. In order to state a cause of action in negligence, the complaint should state:

·          a right on the part of the plaintiff,

·         a duty on the part of the defendant with respect to that right,

·         a breach of that duty by the defendant,

·         the plaintiff has suffered an injury as a result of the breach of duty

A properly pleaded claim of negligence includes four elements: (1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty. Todd v. Mass Transit Admin., 373 Md. 149, 816 A.2d 930 (2003).

In the District Court you will use a pre-designed complaint form for filing. You are limited to filing suit for damages not in excess of $25,000.00 in the district court. Also note that you can file for lesser amounts and avoid being forced to the circuit court on the defendant's request for jury trial. The defendant can move you to a jury trial on a filing seeking damages in excess of $9,999.99.

In the Circuit Court you draft the complaint from scratch. There is no pre-designed form. You are not limited to the amount of damages in the circuit court. As such you can ask as much as you like.

In both circumstances after you file the complaint the court will issue a summons. Once you receive the summons you serve both summons and complaint on the defendant. I prefer to also file discovery to the defendant at the time I serve the complaint.

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