The statute of limitations defense and the equitable doctrine of laches are firmly-entrenched legal devices aimed at fostering finality in litigation. The limitations and laches defenses both look to the length of time a plaintiff took to file suit and strive to balance a plaintiff’s right to have his claim heard on the merits with a defendant’s competing right to timely defend …
Tag Archives: Statute of Limitations
Rule 103(b): Plaintiff’s Year-Long Delay In Serving Lawsuit Merits Dismissal For Lack of Diligence – IL 1st Dist.
Illinois Supreme Court Rule 103(b) requires a plaintiff to exercise diligence in serving a defendant. The rule is based on the principle that litigation should have an end-date and not languish. Rule 103(b) also heightens the probability that suits will be resolved when the underlying facts are fresh in the minds of the parties and …
Misnomer, Mistaken Identity and Rule 103(b) – Illinois Standards
The misnomer and mistaken identity doctrines each involve situations where a plaintiff has sued a defendant too late. Misnomer is basically a spelling error. The plaintiff can correct a misspelled defendant’s name at any time, even after judgment. 735 ILCS 5/2-401(b). With mistaken identity, the analysis is more intricate: the court applies Code …
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