Del. C. » Title 10 — Limitation of Actions · CHAPTER 81. Personal Actions · Courts and Judicial Procedure
Delaware Code

10 Del. C. § 8121 (2026)

Cause of action arising outside State

✓ current as of May 2026
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Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the expiration of whichever is shorter, the time limited by the law of this State, or the time limited by the law of the state or country where the cause of action arose, for bringing an action upon such cause of action. Where the cause of action originally accrued in favor of a person who at the time of such accrual was a resident of this State, the time limited by the law of this State shall apply.

46 Del. Laws, c. 254, §  1;  10 Del. C. 1953, §  8120; 
Notes of Decisions
Cited in 57 cases (26 in the last 5 years), 1975–2026 · leading case: Jeffrey Norman v. David Elkin, 860 F.3d 111 (3rd Cir. 2017).
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Jeffrey Norman v. David Elkin, 860 F.3d 111 (3rd Cir. 2017). · cites it 2× “Since the suit was brought in Delaware, it applied Delaware’s procedural law, including the state’s borrowing statute, 10 Del. C. § 8121. 8 Norman I , 2007 WL 2822798 , at *4.”
Mervyn's LLC v. Lubert-Adler Grp. IV, LLC (In Re Mervyn's Holdings, LLC), 426 B.R. 488 (Bankr. D. Del. 2010). · cites it 2× “In the alternative, Target argues that Delaware’s “borrowing” statute impedes the breach of fiduciary duty claim pursuant to 10 Del. C. § 8121. In Delaware, the limitation period for breach of fiduciary duty claims is three years.”
TL of Florida, Inc. v. Terex Corp., 54 F. Supp. 3d 320 (D. Del. 2014). · cites it 2× “; see also 10 Del. C. § 8121. *327 Specifically, the Delaware borrowing statute provides: Where a cause of action arises outside of this state, an action cannot be brought in a court of this State to enforce such a cause of action after the expiration of whichever is shorter,…”
Dofflemyer v. W.F. Hall Printing Co., 558 F. Supp. 372 (D. Del. 1983). · cites it 2× “Defendants suggest, however, that this Court must further look to Delaware’s “borrowing statute,” 10 Del.C. § 8121, and apply the shorter of the three-year period or the period provided for by the law of the state “where the cause of action arose.”
Organ v. Byron, 435 F. Supp. 2d 388 (D. Del. 2006). · cites it 2× “§ 7323(e), under Delaware’s general statute of limitations for fraud, and under a contractual limitations period provision in the Merger Agreement.”
Kornfeind, W. v. New Werner Holding Co., 241 A.3d 1212 (Pa. Super. Ct. 2020). “10 Del. C. § 8121 (referring to “a cause of action [that] arises outside of this [s]tate,” and not permitting the action to proceed after the “expiration of … the time limited by the law of the state … where the cause of action arose”); Cal.”
Grynberg v. Total Compagnie Francaise des Petroles, 891 F. Supp. 2d 663 (D. Del. 2012). · cites it 2× “; see also 10 Del. C. § 8121. The Delaware borrowing statute provides: *679 Where a cause of action arises outside of this state, an action cannot be brought in a court of this State to enforce such a cause of action after the expiration of whichever is shorter, the time limited…”
State of California Dep't of Gen. Servs. v. W.R. Grace & Co. (In Re W.R. Grace & Co.), 418 B.R. 511 (D. Del. 2009). “10 Del.C. § 8121. W.R. Grace is a Delaware corporation.”
Plumb v. Cottle, 492 F. Supp. 1330 (D. Del. 1980). “This inquiry is made necessary by the Delaware borrowing statute, 10 Del.C. § 8121 (Michie 1975), which provides in relevant part: Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the…”
Winstar Holdings, LLC v. Blackstone Grp., LP (In Re Winstar Commc'ns, Inc.), 435 B.R. 33 (Bankr. D. Del. 2010). “10 Del.C. § 8121. Even assuming, without deciding, that the Plaintiffs’ cause of action arose in New York, the borrowing statute requires the Court to apply the shorter statute of limitations and, therefore, Delaware’s three-year limitations would apply here.”
Weber v. McDonald's Sys. of Eur., Inc., 660 F. Supp. 10 (D. Del. 1985). · cites it 2× “§ 8119 and 10 Del.C. § 8121, the two year Delaware statute of limitations applies to the present case, and that the plaintiff’s complaint is time-barred since it was filed almost three years after the accident occurred.”
D'ANGELO v. Petroleos Mexicanos, 398 F. Supp. 72 (D. Del. 1975). · cites it 2× “The Delaware borrowing statute, 10 Del.C. § 8121 (1974) provides: Where a cause of action arises outside of this State, an action cannot be brought in a court of this State to enforce such cause of action after the explanation of whichever is shorter, the time limited by the law…”
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