• Skip to main content
  • Skip to primary sidebar

Courtroom5

Be Your Own Lawyer

  • How It Works
  • Legal Tips
    • Access To Justice
    • Affirmative Defenses
    • Discovery
    • Dismissal
    • Legal Research
    • Litigation Strategy
    • Summary Judgment
  • Sign Up
  • Sign In

December 1, 2016 By Sonja Ebron Leave a Comment

The Affirmative Defense Of Laches

The pronunciation is the same, but it’s laches, not latches.

You’d be forgiven for confusing them for other reasons too.

As an affirmative defense, laches argues that the window on filing the claim is latched closed because the claimant waited too long to file it.

Had the claim been filed earlier, perhaps witnesses would have been available, or their memories fresher. Maybe some other evidence could be found to rebut the claim.

As a consequence of the delay, the defendant no longer has a fair chance to fight it.

Remember, an affirmative defense is one in which, even if everything the plaintiff says is true, there should still be no relief.

But because it’s an affirmative defense, the burden of proof falls on the defendant.

The elements that must be proven on an affirmative defense of laches include:

  • knowledge of the claim;
  • unreasonable delay in filing the claim; and
  • prejudice to the defendant caused by the delay.

As an example, Texas governor and 2012 presidential candidate Rick Perry was excluded from the Virginia primary ballot because he had not collected enough signatures by the December 2011 deadline.

One week after being notified that he would not be on the ballot, Perry sued the state in federal court, claiming its certification rules were unconstitutional and demanding that his name be placed on the ballot.

But Perry’s campaign had known about the rules for several months and waited until after the certification deadline to file a complaint. The Virginia primary would be thrown into chaos by Perry’s late challenge to the state’s certification rules. The district court rejected his claim on the basis of laches.

Laches is an equitable defense. That means in most jurisdictions, it only applies to equitable claims like injunctions, foreclosures, breach of contract and so on.

Although some courts combine equity with damage claims, the doctrine of laches is usually not available as a defense to a strict claim for damages.

Laches is not to be confused with a statute of limitations defense. The statute of limitations sets a specific  period of time in which a claim must be filed. It is an actual statute created by legislation.

In contrast, the doctrine of laches does not provide a specific time period for a claim to be filed. And it is understood and followed as part of the common law, not by statute.

Have you used laches as an affirmative defense? Share in the comments below.

More Like This:

  • 31 Affirmative Defenses And How To Assert Them31 Affirmative Defenses And How To Assert Them
  • If You're A Pro Se Plaintiff, This Manual Is For YouIf You're A Pro Se Plaintiff, This Manual Is For You
  • Test Your Readiness For CourtTest Your Readiness For Court
  • 11 Things To Consider When You Need To Sue11 Things To Consider When You Need To Sue
  • Best Blog Posts For Pro Se Litigants — The 2019 EditionBest Blog Posts For Pro Se Litigants — The 2019 Edition
  • #BlackLivesMatter = #DefundThePolice#BlackLivesMatter = #DefundThePolice
  • Defending Yourself In A Debt Collection CaseDefending Yourself In A Debt Collection Case
  • Did You Come To Appease Or To Conquer? The 5 Types Of Pro Se LitigantsDid You Come To Appease Or To Conquer? The 5 Types…

Tagged With: elements of a claim, laches, statute of limitations

About Sonja Ebron

Sonja Ebron is a co-founder at Courtroom5. She enjoys being underestimated in court and lives to catch a lawyer in a procedural error.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Get Our Free 5-Day Course to Your Inbox

  • This field is for validation purposes and should be left unchanged.

We hate spam too. We'll never share your email.

Popular Articles

  • 31 affirmative defenses 31 Affirmative Defenses And How To Assert Them
  • biggest mistakes pro se litigants make 6 Of The Biggest Mistakes Pro Se Litigants Make
  • How to Write a Motion How To Write A Motion--A Guide And Sample Motions For Pro Se Litigants

Popular Tags

access to justice affirmative defenses answer appeal bias Brian Vukadinovich case analysis Case Manager civil legal aid complaint constitution court costs court reporter Courtroom5 criminal discovery elements of a claim eviction evidence hearing how to win in court I Am Not A Lawyer judicial bias jurisdiction Lawyers We Love legal analysis legal argument Legal Bits legal research litigation litigation strategy motion for summary judgment motion to dismiss podcast pro se litigants pro se litigation Richard Zorza rules of civil procedure self-representation self represented litigant settlement Sonja Ebron summary judgment trial unbundled legal services
Follow @Courtroom5Legal
Courtroom5
Courtroom5 @Courtroom5Legal
21 hours ago
“What just is, isn’t always Jus-tice.” Amanda Gorman, Biden/Harris Inaugural Poet, January 20, 2021 https://t.co/PGkrc4uQ49
View on Twitter
0
2
Courtroom5
Courtroom5 @Courtroom5Legal
3 days ago
Justice is the antidote to chaos. Happy Martin Luther King Day 2021. #accesstojustice https://t.co/Bspn62idc5
View on Twitter
0
1
Courtroom5
Courtroom5 @Courtroom5Legal
7 days ago
Thanks to @WRAL for naming Courtroom5 a finalist in this year’s Voters Choice Award for most innovative local startup. #WRALVCAs https://t.co/Vde2rnxfQQ
View on Twitter
0
0
  • Facebook
  • Instagram
  • Twitter
  • Terms
  • Privacy
  • About Us
  • Contact Us

© 2021 Courtroom5 | A Techstars Company · My Account
No legal advice offered · No substitute for a lawyer

We use cookies to ensure the best experience on our website. If you continue to browse Courtroom5, we assume this is okay for you.OK