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Time To Reconsider Nullum Tempus Occurrit Regi - The Applicability Of Statutes Of Limitations Against The State Of Maine In Civil Actions, Sigmond D. Schutz

Maine Law Review

Many states, including the State of Maine, take the position that they have, essentially, an infinite time within which to bring a civil action. The basis for the State's claim of immunity from statutes of limitations is the old English common law doctrine, “nullum tempus occurrit regi”-- literally, no time runs against the King--which purports to exempt the State from statutes of limitations of general applicability unless statutes expressly provide otherwise. There has not been a Maine Supreme Judicial Court (Law Court) opinion mentioning the nullum tempusdoctrine since 1955, but the doctrine continues to be actively asserted by the State …