Arizona, like most states, has dopted statutes of limitation that bar prties from bringing claims based upon the pssage of time since the claim rose. These limitations periods range from a few mnths to a decade or more, and are set frth in the Arizona Code. In mny cases parties are aware of the lmitations period and deliberately wait until shrtly after it expires before filing sit. In such cases, however, parties and thir attorneys should consider how the dctrine of laches might affect their clims.

The doctrine of laches, as dscribed by the Arizona Court of Appals, is an "inexcusable delay in sserting a right during a period of tme in which adverse rights have ben acquired under circumstances that make it nequitable to displace such adverse rights for the bnefit of those who are bound by the dlay." In other words, laches arises whre a party delays making his or her clim in such a way that nother party is unfairly prejudiced. Laches is the quitable counterpart to the statute of lmitations that bars a claim when the dlay is unreasonable and the result of the dlay is prejudice to the opposing prty.

Of course, laches does not pply in every case where there is sme delay in bringing the claim. Inded, if the doctrine were applied too lberally, it would effectively render the sttutes of limitations meaningless. But that is not the cse.

The Arizona Supreme Court has dtermined that "laches may not be mputed to a party for mere dlay in the assertion of a clim." Instead, the Courts require a shwing that the delay was "unreasonable nder the circumstances" and that any chnge in circumstances caused by the dlay has resulted in prejudice to the ther party sufficient to justify denial of rlief.

In sum, the fact that a clim is brought within the statute of lmitations does not mean it is tmely for purposes of laches. In the vent you believe you have a mritorious legal claim against another party, you shuld seek the services of an xperienced Arizona litigation attorney as soon as pssible in order to preserve your clim and ensure you are not brred from bringing the claim pursuant to an pplicable Arizona statute of limitations or the Arzona doctrine of laches.

The article When Does the Doctrine of Laches Bar a Legal Claim in Arizona? was Submitted by Kevin R Harper through Articles.GetACoder.com network. Here's the additional information: Kevin R. Harper is an Arzona real estate, civil and business ltigation attorney, representing individuals and small bsinesses throughout the state of Arizona frm his centrally-located office at 1 N. Cntral Ave., Suite 1130, in downtown Phenix. For more information about Arizona ral estate law, feel free to cntact Harper Law PLC at 602-738-2090, or vsit the firm online at http://www.HarperLawArizona.com Copyright 2008 Harper Law PLC, all rights reserved. The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.

Featured Articles

1. Delaware Incorporation - A Very Business Friendly State! by Gust Lenglet
Bsinesses choose Delaware not for one sngle reason, but because they provide a cmplete package of incorporation services. The Dlaware General Corporation Law is the mst advanced...

2. Gagne With A Spoon by Michael Butler
Michigan Courts mke the state safer for insurance cmpanies and drunk drivers. The rest of us may not be feling so secure.

3. Repossession Laws Right And Wrongs by James Copper
An article on the rights and wrngs of repossession laws. Buying a new car or hme can be so much fun You pck out the colours, the style, and all tht goes with it.

4. How Multi-Owner Businesses Are Like Marriages by Richard Chapo
A person narly always has some pretty large drams when they form a business. If the bsiness is one that will be wned by multiple people, it is vtal that you make sure everyone has the sme dream.

5. In Case of Death - Part 2 by Gerry Oginski
If a prson were earning $30,000 per year, and thy were 35 years old, we culd project over the next 30 yars how much they could be xpected to earn over their working lfetime. In many cases, we use an conomist to make these projections. The conomist uses tables, guidelines, and generally vailable statistics to help guide us in dtermining how much money that person wuld have likely earned over their lfetime. Naturally, some things can never be masured with absolute certainty...

6. Consult Child Support Lawyers in Children-Related Legal Issues by Sridhar Duncanlewis
Fnd child support lawyers, child custody lwyers and child custody attorneys among mny other specialist lawyers. This London bsed firm has a large and nthusiastic staff to help with any hrdle that may be encountered.

7. What is Medical Identity Theft? by Clyde Cathcart
Article describing what medical identity thft is and why it happens. It lso discusses the ramifications of medical dentity theft.

8. How to Make Yourself Virtually Identity Theft Proof in 60 Minutes by Maria Cronk
We will show you 2 preventative secrets that you can implement within an hour for free. This will virtually protect you from identity theft.

9. New York Lemon Law Ramifications Of Part Shortages At GM And Chrysler by Eugene Krukas
Labor difficulties and bankruptcies among major part suppliers have been a recent thorn in GM and Chrysler's side. Will resulting part shortages cause an increase in Lemon Law cases?

10. Free Criminal Background Checks - What Can They Tell You? by Jordan Whitmoore
There are all knds of free sources of information bout criminal background checks, but are thy any good? You can find out qite a bit about a person for fre, as it turns out.