Respondent’s Defenses: Statute of Limitations

Statute of Limitations

The statute of limitations for a habeas petition is set forth in General Statutes § 52-470(c)(d)(e)(f). If a claim in the petition appears to be time-barred, the respondent can act. So, in its return, the respondent may seek dismissal of the claim pursuant to Practice Book §§ 23-24(a)(1), 23 -29(1)(5), 23-30(b), 23-34 and/or 23-37.

In reply, see Practice Book §§ 23-31 and 23- 35(c), habeas counsel should deny the allegation if good cause exists for the late filing, see General Statutes § 52 -470(c)(d)(e); if the filing occurred before October 1, 2012, the effective date of the statute of limitations provision see General Statutes § 52-470; or if the statute of limitations does not apply because the claim concerns a death sentence, actual innocence or a condition of confinement. See General Statutes § 52-470(f). Habeas counsel should also explore, and if appropriate plead, any lack of advice that petitioner received from prior counsel on the statute of limitations.

Getting Help

If you are involved in a habeas corpus case, you need to make sure that you understand everything as it happens. You don’t want to feel confused or unsure about the process. To make sure that you prepare for the case as best as you can, hiring a lawyer can help.