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Re: SOL


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Posted by Why Chat (209.240.198.61) on February 20, 2003 at 21:37:19:

In Reply to: Re: SOL posted by justme on February 20, 2003 at 19:16:32:


I cannot be specific unless YOU are more specific,however, here is a direction for you to go.

Federal limitations problems are often far more difficult than
those under state law.  There are some federal causes of action for
which Congress has specifically enacted statutes of limitations.
These create few problems. 

Unfortunately, there are other federal causes of action, either created by statutes enacted by Congress or created by the federal courts under federal common law, for which
Congress has enacted no limitations period.

Here the federal courts, applying various and conflicting criteria, have either applied a more general federal limitations period or an analogous
state period.

Finally, there are diversity actions, in which
federal courts hear state causes of action between citizens of
different states.

Here there is another body of complex rules dictating whether some federal statute or some state statute (and if so, the statute of which state) should be applied.
    
Section 313 of the Judicial Improvements Act of 1990, Pub.L.
101-650, 104 Stat. 5114 (28 U.S.C. 1658), adopts a uniform four year limitations period for "a civil action arising under an Act of Congress enacted after the date of the enactment of this section":in other words, this uniform period does not apply to the whole body of federal law existing prior to Dec. 1, 1990, the date of the Act.


Tabular list of federal limitations: 15 Federal Procedural Forms, L.Ed., Chp. 61 contains at--
    
Sec. 61:3: Statutes of limitations in the United States Code;
    
Sec. 61:51: Procedural limitations under Federal Rules of Civil Procedure
    
Statutes: Federal statutory limitations periods are collected
at no one place in the United States Code.  Check the USC, USCA,and USCS indexes under "Limitation of Action" for the location of such statutes



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