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How does statute of limitations run?

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labrat247

Junior Member
What is the name of your state (only U.S. law)? Missouri

This is slightly complex, so thank you *very* much for taking time to answer this. I really do appreciate it. That said...

If party "A" is harassing paty "B" continuously over an extended period of time (exceeding three years), assuming for the sake of this question that the harassment in question is in fact harassment under Missouri law:

(1) Does the statute of limitations begin to run at the beginning of the harassment, or,

(2) Does the statute of limitations begin to run with the last act of harassment, or,

(3) If neither 1 nor 2, then when does the statute begin to run?

In Missouri, what is the statute of limitations on:

(a) Intrusion upon seclusion (harassment with actual malice);
(b) Fraud;
(c) Abuse of process;
(d) (What tort is this?) Giving perjured testimony in order to secure a judgment not otherwise entitled to? (telling the court he was a federal agent, and showing forged credentials - being prosecuted for it as we speak)?

Where would I find a list of torts and their corresponding statute of limitations for each?


Thank you!
 
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latigo

Senior Member
(1) Does the statute of limitations begin to run at the beginning of the harassment, or, (2) Does the statute of limitations begin to run with the last act of harassment, or, (3) If neither 1 nor 2, then when does the statute begin to run?

Missouri follows the “continuous wrong rule”. For an explanation of how the rule is applied read: Davis v. Laclede Gas Co 603 S.W.2d 554 (Mo. banc 1980; Vogel v. A. G. Edwards & Sons, Inc., 801 S.W.2d 746, 755 (Mo. App. E.D. 1990), citing Davis v. Laclede Gas Co., 603 S.W.2d 554, 556 (Mo. banc 1980).


Where would I find a list of torts and their corresponding statute?

Missouri Revised Statutes Title XXXV Civil Procedure & Limitations - Chapter 516 – Sections 516.010 through 516.500.

Anything else?
 

labrat247

Junior Member
Statute of Limitations: Continuous Wrong Rule

Thank you for this quick and succint response.

Missouri follows the “continuous wrong rule”. For an explanation of how the rule is applied read: Davis v. Laclede Gas Co 603 S.W.2d 554 (Mo. banc 1980; Vogel v. A. G. Edwards & Sons, Inc., 801 S.W.2d 746, 755 (Mo. App. E.D. 1990), citing Davis v. Laclede Gas Co., 603 S.W.2d 554, 556 (Mo. banc 1980).


Missouri Revised Statutes Title XXXV Civil Procedure & Limitations - Chapter 516 – Sections 516.010 through 516.500.

Anything else?

Yes, if I may...

If I understand the Rule correctly, each act of harassment can be either an individual cause of action or a separate "count" within a Cause, however, if each act/count creates a fresh and unique injury by itself, regardless of it be part of a "campaign of harassment", a right of action only exists for the damages suffered by acts taken within two years prior to the day suit is filed.


Is my understanding correct?

Thank you!
 
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