What is the doctrine of laches in civil litigation?

The doctrine of laches in civil litigation is an equitable defense that is rooted in common law. It is used in cases where a plaintiff has waited an unreasonable amount of time to begin a lawsuit. This delay can cause the defendant to suffer prejudice if they are forced to defend an argument that has been brought up long after memories have faded or evidence has been lost. In New Jersey, the doctrine of laches is established when three factors are present: (1) unreasonable delay in filing the suit, (2) defendant’s lack of knowledge of the claim or defense previously asserted, and (3) a prejudice to the defendant because of the lapse of time. For a defendant to successfully raise the defense of laches, they must show that the plaintiff knew of the facts giving rise to the claim yet unreasonably delayed in initiating the proceedings. Additionally, the defendant must show that the delay caused prejudice to them or their case. The defendant must show that the delay allowed evidence to be lost or witnesses to forget key facts. Ultimately, the court considers the facts and whether the plaintiff inexcusably neglected to act before bringing the claim. If this is the case, the court may determine that the plaintiff cannot pursue the case because the defense of laches is applicable.

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What is the doctrine of laches in civil litigation?

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