What is the legal test for a motion to waive the statute of limitations in a motion for a PRA defense?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hatch, 919 F.2d 1394 (9th Cir. 1990):

After analyzing the types of defenses listed in 12(b)(1) and (2), the court concluded that the PRA defense "is a permissive pretrial matter that the defendant may, but need not, raise by motion before trial." Id. at 1098. It likened the PRA defense to former jeopardy, former conviction, statute of limitations and immunity, all "in the nature of affirmative defenses," and all permissibly raised either before trial or at trial. Id. See also United States v. DeTar, 832 F.2d 1110, 1114 (9th Cir.1987) (affirmative defense of statute of limitations is waived unless raised before or at trial).

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Can a motion to extend a time limit set by an order that was made in accordance with the time limit established by the two statutes? (Canada (Federal), Canada)
When will a motion to dismiss a motion for personal injury be dismissed on the grounds that it is barred by the statute of limitations? (MultiRegion, United States of America)
Does the contention in the second cause of action under the Statute of Limitations apply to a claim that a claim for money had and received and therefore comes within the statute of limitation? ("New York", United States of America)
Is a motion for dismissal of a motion brought by a plaintiff against the statute of limitations valid? (MultiRegion, United States of America)
What is the effect of the statute of limitations on the dismissal of a motion for sexual assault? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion that would have allowed the issue to be waived? (MultiRegion, United States of America)
Can a borrowed state statute of limitations be tolled in a claim based on a federal statute? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
Does a plea of not guilty raise the affirmative statute of limitations defense? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.