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Sanctions for Ignoring Stat Limitations?

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Are there sanctions available against a lawyer who brings a case to court knowing that the issue must be thrown out given an expired statute of limitations? Specifics pertaining to Virginia would be nice, but general information works as well. Thank you!

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This is generally called a violation of Rule 11. I am not sure if VA has its own version. The attorney will be sanctioned by the court and the sanctions will be paid to you.

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I disagree. In general, the statute of limitations is an affirmative defense that the defendant must raise. If the plaintiff's claim has at least some merit to it aside from the statute of limitations, it would not be frivilous and, at least in the jurisdictions I practice, would not draw a sanction under a rule like Rule 11 of the federal rules of civil procedure just because the defendant succeeded in challenging the claim on the basis of the statute of limitations. The poster will need to consult a VA attorney to see if VA would apply sanctions for that, but my guess is that it does not.

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"If the plaintiff's claim has at least some merit to it aside from the statute of limitations, it would not be frivilous"

That's not true in every jurisdiction. In my state, there is case law that holds that such facts can give rise to a malicious prosecution action. Thus, sanctions under my state's analog to Rule 11 could also be available.

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