statute of limitations defense (New Hampshire) · Go Syfert
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statute of limitations defense in New Hampshire

21 New Hampshire opinions name it 1 courts 1993–2025 8 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (22)

CaseFollowedCited
Beane v. Dana S. Beane & Co., P.C.green
nh · 2010 · cited in 6 New Hampshire opinions naming this issue, 2012–2025
2 sentences

2025Id.; Beane, 160 N.H. at 713 (terming the codified discovery rule the “statutory discovery rule”).

2025See Beane, 160 N.H. at 713 .

46
Balzotti Global Group, LLC & a. v. Shepherds Hill Proponents, LLC & a.green
nh · 2020 · cited in 3 New Hampshire opinions naming this issue, 2021–2025
2 sentences

2025Balzotti, 173 N.H. at 320.

2023Id.

23
Yeaton v. Skillingsgreen
nh · 1956 · cited in 2 New Hampshire opinions naming this issue, 1993–2023
2 sentences

2023See West Gate Village Assoc. v. Dubois, 145 N.H. 293, 298 (2000) (“We further recognize that statutes of limitations may be waived.”); Yeaton, 100 N.H. at 320 (concluding that defendant’s failure to raise statute of limitations defense until three years after action was initiated constituted waiver).

1993Whether the litigants appear pro se or are represented by counsel, it is the defendant’s responsibility to raise an affirmative defense, such as the statute of limitations, and failure to do so within a prescribed period of time should be deemed a waiver, see Yeaton v. Skillings, 100 N.H. 316, 320 , 125 A.2d 923, 926 (1956); R.

22
Glines v. Brukgreen
nh · 1995 · cited in 2 New Hampshire opinions naming this issue, 2002–2010
2 sentences

2010The statutory discovery rule “is designed to provide relief in situations where the plaintiff is unaware of either his injury or that the injury was caused by a wrongful act or omission.” Id. at 182 .

2010“Once the defendant has established that the statute of limitations would bar the action, the plaintiff has the burden of raising and proving that the discovery rule is applicable to an action otherwise barred by the statute of limitations.” Id.

12
Appeal of New Hampshire Department of Transportationgreen
nh · 2021 · cited in 1 New Hampshire opinions naming this issue, 2025–2025
2 sentences

2025Based upon our review of the stare decisis factors, we cannot conclude that the rule set forth in Woart and its progeny “has come to be seen so clearly as error that its enforcement was for that very reason doomed.” Id. (quotation omitted). [¶27] The plaintiff next argues that we should nevertheless follow the Maryland Supreme Court’s decision in Roman Catholic Archbishop of Washington v. Doe, 330 A.3d 1069 (Md. 2025), and determine that there is no vested right to a statute of limitations defense in actions based on sexual assault.

2025Accordingly, we hold that “significant application and justification,” Appeal of N.H. Dep’t of Transp., 174 N.H. at 615 (quotation omitted), for the rule recognizing a defendant’s vested right in a statute of limitations defense continues to exist today.

11
Archbishop of Washington v. Doegreen
md · 2025 · cited in 1 New Hampshire opinions naming this issue, 2025–2025
2 sentences

2025Based upon our review of the stare decisis factors, we cannot conclude that the rule set forth in Woart and its progeny “has come to be seen so clearly as error that its enforcement was for that very reason doomed.” Id. (quotation omitted). [¶27] The plaintiff next argues that we should nevertheless follow the Maryland Supreme Court’s decision in Roman Catholic Archbishop of Washington v. Doe, 330 A.3d 1069 (Md. 2025), and determine that there is no vested right to a statute of limitations defense in actions based on sexual assault.

2025Based upon our review of the stare decisis factors, we cannot conclude that the rule set forth in Woart and its progeny “has come to be seen so clearly as error that its enforcement was for that very reason doomed.” Id. (quotation omitted). [¶27] The plaintiff next argues that we should nevertheless follow the Maryland Supreme Court’s decision in Roman Catholic Archbishop of Washington v. Doe, 330 A.3d 1069 (Md. 2025), and determine that there is no vested right to a statute of limitations defense in actions based on sexual assault.

11
State v. Hamelgreen
nh · 1994 · cited in 1 New Hampshire opinions naming this issue, 2025–2025
1 sentence

2025See Hamel, 138 N.H. at 395; Maplevale Builders, 165 N.H. at 108 .

11
Gould v. Concord Hospitalgreen
nh · 1985 · cited in 1 New Hampshire opinions naming this issue, 2025–2025
2 sentences

2025See, e.g., 9 Gould, 126 N.H. at 408 .

2025See Gould, 126 N.H. at 408 ; Maplevale Builders, 165 N.H. at 108 .

11
West Gate Village Ass'n v. Dubiosgreen
nh · 2000 · cited in 1 New Hampshire opinions naming this issue, 2023–2023
1 sentence

2023See West Gate Village Assoc. v. Dubois, 145 N.H. 293, 298 (2000) (“We further recognize that statutes of limitations may be waived.”); Yeaton, 100 N.H. at 320 (concluding that defendant’s failure to raise statute of limitations defense until three years after action was initiated constituted waiver).

11
Fothergill v. Seabreeze Condominiums at Hampton Ass'ngreen
nh · 1996 · cited in 1 New Hampshire opinions naming this issue, 2021–2021
1 sentence

2021See Fothergill v. Seabreeze Condos., 141 N.H. 115, 116 (1996).

11
State v. Muentnergreen
wis · 1987 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
1 sentence

2020Short, 618 A.2d at 319 - 21; see State v. Muentner, 406 N.W.2d 415, 417-20 (Wis. 1987) (holding that the jury must be instructed on the lesser included, time-barred offense of 6 manslaughter, and that if the defendant is found guilty of that offense the trial court may not enter a judgment of conviction).

11
State v. Delislegreen
vt · 1994 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
2 sentences

2020Delisle, 648 A.2d at 634 .3 Under the circumstances in this case, we believe that the New Jersey approach is consistent with our jurisprudence.

2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993).

11
Spaziano v. Floridared
scotus · 1984 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
2 sentences

2020Spaziano, 468 U.S. at 454-57 ; Shelley, 80 N.E.3d at 337-40 .

2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993).

11
State v. Shortgreen
nj · 1993 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
2 sentences

2020Short, 618 A.2d at 319 - 21; see State v. Muentner, 406 N.W.2d 415, 417-20 (Wis. 1987) (holding that the jury must be instructed on the lesser included, time-barred offense of 6 manslaughter, and that if the defendant is found guilty of that offense the trial court may not enter a judgment of conviction).

2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993).

11
Hurst v. Floridagreen
scotus · 2016 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
1 sentence

2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993).

11
State v. Lake Winnipesaukee Resort, LLCgreen
nh · 2009 · cited in 1 New Hampshire opinions naming this issue, 2016–2016
2 sentences

2016The City submits two issues for our review: (1) “Whether the doctrine of nullum, ternpus applies to municipalities to bar the application of statutes of limitation[s] to claims brought by a municipality”; and (2) “Whether the doctrine of nullum, ternpus bars the application of RSA 508:4 to the City’s claims here.” *505 III “The doctrine of nullum, tempus is a common law rule excepting the sovereign from general limitations periods.” Lake Winnipesaukee Resort, 159 N.H. at 45 .

2016See State v. Lake Winnipesaukee Resort, 159 N.H. 42, 45 (2009) (“Because the trial court rejected the statute of limitations defense as a matter of law, our review is de novo.”).

11
United States v. Cookgreen
scotus · 1872 · cited in 1 New Hampshire opinions naming this issue, 2009–2009
2 sentences

2009Instead, the defendant raised the issue for the first time at the close of the State’s case. “[S]uch a proceeding would deprive the prosecutor of the right to reply or give evidence, as the case may be ....” Cook, 84 U.S. at 179 .

2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law).

11
United States v. Richard Titteringtongreen
ca6 · 2004 · cited in 1 New Hampshire opinions naming this issue, 2009–2009
1 sentence

2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law).

11
State v. Weeksgreen
nh · 1993 · cited in 1 New Hampshire opinions naming this issue, 2009–2009
1 sentence

2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law).

11
State v. Knickerbockergreen
nh · 2005 · cited in 1 New Hampshire opinions naming this issue, 2009–2009
1 sentence

2009RSA 625:11, III(d) (2007); see State v. Weeks, 137 N.H. 687, 693 (1993), abrogated on other grounds by State v. Knickerbocker, 152 N.H. 467, 470 (2005); see also United States v. Cook, 84 U.S. 168, 179-80 (1872); United States v. Titterington, 374 F.3d 453, 457 (6th Cir. 2004) (stating that Cook is still good law).

11
Kelleher v. Marvin Lumber & Cedar Co.green
nh · 2005 · cited in 1 New Hampshire opinions naming this issue, 2009–2009
1 sentence

2009See Kelleher v. Marvin Lumber & Cedar Co., 152 N.H. 813, 830 (2005).

11
Noddin v. Noddingreen
nh · 1983 · cited in 1 New Hampshire opinions naming this issue, 1999–1999
2 sentences

1999Assuming, without deciding, that the unclean hands doctrine could bar Cabletron from asserting the statute of limitations defense, see Noddin v. Noddin, 123 N.H. 73, 76 , 455 A.2d 1051, 1053 (1983) (unclean hands doctrine may bar equitable relief), we hold that the doctrine does not apply under the circumstances of this case.

1999Assuming, without deciding, that the unclean hands doctrine could bar Cabletron from asserting the statute of limitations defense, see Noddin v. Noddin, 123 N.H. 73, 76 , 455 A.2d 1051, 1053 (1983) (unclean hands doctrine may bar equitable relief), we hold that the doctrine does not apply under the circumstances of this case.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Union Leader Corporation & a. v. Town of Salem green
nh · 2020
1 sentence

2025“We are sometimes able to perceive significant facts or understand principles of law that eluded our predecessor and justify departures from existing decisions.” Id. (quotation and brackets omitted). [¶23] The plaintiff points to no New Hampshire cases to suggest that the law has developed in such a manner as to undercut the rule that a defendant has a vested right in a statute of limitations defense once the limitations period has run, nor do we find any upon our own review.

12025–2025
Maplevale Builders, LLC v. Town of Danville green
nh · 2013
2 sentences

2025See Gould, 126 N.H. at 408 ; Maplevale Builders, 165 N.H. at 108 .

2025See Hamel, 138 N.H. at 395; Maplevale Builders, 165 N.H. at 108 .

12025–2025
Exeter Hospital v. Hall green
nh · 1993
1 sentence

2021The trial court reasoned that it was appropriate for the court to consider the timeliness of the plaintiff’s claim against Colby because she “has received notice of the statute of limitations defense and has had an opportunity to rebut it.” See Exeter Hospital, 137 N.H. at 399-400 ; see also Super. Ct. R. 1(d) (“As good cause appears and as justice may require, the court may waive the application of any rule.”).

12021–2021
Commonwealth v. Shelley green
mass · 2017
2 sentences

2020Spaziano, 468 U.S. at 454-57 ; Shelley, 80 N.E.3d at 337-40 .

2020See, e.g., Spaziano v. Florida, 468 U.S. 447, 450, 454 (1984), overruled on other grounds by Hurst v. Florida, 136 S. Ct. 616 (2016); Shelley, 80 N.E.3d at 337 ; State v. Delisle, 648 A.2d 632, 637 (Vt. 1994); State v. Short, 618 A.2d 316, 318 (N.J. 1993).

12020–2020
Dobe v. Commissioner, New Hampshire Department of Health & Human Services green
nh · 2002
1 sentence

2020Dobe, 147 N.H. at 461 .

12020–2020
Sundell v. Town of New London green
nh · 1979
2 sentences

2019Indeed, this is precisely why we have instructed that whether a statute of limitations defense is applicable should ordinarily be determined "at a preliminary hearing in advance of trial." Sundell v. Town of New London , 119 N.H. 839 , 848, 409 A.2d 1315 (1979) (quotation omitted).

2019Indeed, this is precisely why we have instructed that whether a statute of limitations defense is applicable should ordinarily be determined "at a preliminary hearing in advance of trial." Sundell v. Town of New London , 119 N.H. 839 , 848, 409 A.2d 1315 (1979) (quotation omitted).

12019–2019
Bryant v. Wyeth, Inc. green
mssd · 2011
2 sentences

2019Thus, unlike Bryant , the respondent here did not pursue his limitations defense "well in advance of trial," Bryant , 816 F. Supp. 2d at 333 , but instead waited until after trial had concluded, and a decision on the merits had issued, to press the defense.

2019There, the court concluded that the defendant had sought dismissal on statute of limitations grounds "well in advance of trial," and thus that the plaintiff had failed to show "that any delay ha[d] adversely affected its ability to fully and adequately respond to the motion on the facts and the law." Id. at 333 .

12019–2019
United States v. Gaffney green
ca1 · 2006
1 sentence

2010Gaffney, 469 F.3d at 215 n.2 (citing cases).

12010–2010
Alexander v. Whipple green
nh · 1864
11997–1997

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 508:4 (17) NH § N.H. Rev. Stat. Ann. § 490:3 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 427 (1894–2026) CA 404 (1861–2026) TX 195 (1940–2026) CT 187 (1909–2026) IL 185 (1878–2026) FL 175 (1972–2026) PA 171 (1871–2026) OH 143 (1909–2026) TN 138 (1915–2026) MI 130 (1901–2026) IN 128 (1862–2026) NC 101 (1884–2026) AL 85 (1852–2026) NJ 78 (1882–2026) IA 74 (1880–2026) AZ 70 (1969–2026) MS 67 (1877–2024) NM 59 (1946–2026) UT 58 (1906–2026) MO 56 (1922–2025) CO 49 (1976–2026) KS 48 (1905–2025) MN 47 (1894–2026) MA 46 (1931–2026) WI 46 (1884–2026) SC 46 (1921–2026) ME 46 (1982–2026) VA 45 (1868–2026) WA 45 (1985–2025) ID 39 (1977–2025) OR 38 (1917–2025) OK 37 (1911–2024) RI 36 (1890–2026) WV 34 (1889–2025) DC 33 (1978–2026) MD 32 (1944–2026) NE 29 (1982–2025) ND 28 (1912–2024) VT 25 (1887–2025) DE 24 (1987–2026) GA 24 (1848–2023) AR 24 (1914–2023) KY 24 (1917–2026) NH 21 (1993–2025) MT 17 (1933–2024) SD 16 (1912–2025) NV 16 (1979–2022) WY 12 (1925–2024) HI 10 (1967–2026) AK 10 (1987–2025) VI 10 (2002–2026) LA 5 (1967–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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