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3.3-1 Statute of Limitation
Defense - General
Revised to January 1, 2008
Note:
Defenses based on statutes of limitation are usually
adjudicated on motion. Disputes over the date of an
occurrence or application of tolling doctrines may,
however, require factual findings by the jury. The
following sample charges, with appropriate adaptations,
may be used to explain the tolling doctrines of
continuing course of conduct, continuing duty based on a
special relationship between the parties, and fraudulent
concealment. There are some statutory causes of action,
e.g., CUTPA, to which some tolling doctrines do not
apply. See Willow Springs Condominium Assn., Inc. v.
Seventh BRT Development Corp., 245 Conn. 1, 45-47
(1998); Fichera v. Mine Hill Corp., 207 Conn.
204, 216-17 (1998).
The defendant
has raised as a defense to the plaintiff’s claim of
<describe the claim to which the defense is directed>
that the plaintiff cannot prevail on that claim because
(he/she) did not bring suit on that claim within the
time allowed by the law. There are state statutes that
specify how much time a person has to bring certain
kinds of claims. These are called statutes of
limitation. A person cannot recover on a claim that is
brought after the time period that applies to a
particular claim, even if it is only one day late. The
statute of limitation that applies to <describe the
claim to which the defense is directed> provides
that the claim must be brought within ____ years of the
date the incident occurred. The plaintiff brought
(his/her) suit against the defendant on <date>.
A claim for <describe claim> based on acts or
occurrences that took place more than ___ years before
that date is barred by the statute of limitation. You
must decide when each act or occurrence on which the
plaintiff bases (his/her) claim occurred. If any of
these acts or occurrences took place more than ____
years before the plaintiff brought suit, then a claim
based on that act or occurrence is barred by the statute
of limitation [unless an exception to this rule
applies].
Note: Omit
the phrase in brackets if no tolling doctrine is
pleaded. If one is pleaded, state that the plaintiff
claims that an exception applies in this case and go on
to explain the doctrine invoked. Tell the jury the date
the complaint was brought and remind them of the date of
the occurrence, or, if the date is in dispute, the
claims as to relevant dates. This charge will also have
to be modified if there is a dispute concerning the date
when a plaintiff discovered or ought to have discovered
the injury; see General Statutes § 52-584.
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