Arizona, like most states, has adopted statutes of limitation that prevent parties from bringing claims based on the passage of time since the claim arose. These limitation periods range from a few months to a decade or more, and are set forth in the Arizona Code. In many cases, the parties are aware of the statute of limitations and deliberately wait until shortly after it expires before filing a lawsuit. In such cases, however, the parties and their attorneys must consider how the laches doctrine might affect their claims.

The doctrine of laches, as described by the Arizona Court of Appeals, is an “inexcusable delay in asserting a right during a period of time in which adverse rights have been acquired in circumstances that make it inequitable to displace such adverse rights.” for the benefit of those who are bound by the delay”. In other words, laches arises when one party delays in making its claim in such a way that another party suffers unfair prejudice. Laches is the equitable counterpart to the statute of limitations that prohibits a claim when the delay is unreasonable and the delay results in injury to the opposing party.

Of course, laches does not apply in all cases where there is some delay in filing the claim. In fact, if the doctrine were applied too liberally, it would render statute of limitations meaningless in practice. But that is not the case.

The Arizona Supreme Court has determined that “laches cannot be held against a party for the mere delay in filing a claim.” Instead, courts require that it be shown that the delay was “unreasonable in the circumstances” and that any change in circumstances caused by the delay has resulted in prejudice to the other party sufficient to justify denial of relief.

In short, just because a claim is filed within the statute of limitations does not mean it is timely for laches purposes. In the event that you believe you have a meritorious legal claim against another party, you should seek the services of an experienced Arizona trial attorney as soon as possible to preserve your claim and ensure that you are not barred from bringing the claim pursuant to a applicable law. Arizona statute of limitations or the Arizona doctrine of laches.