LEGAL PRINCIPLE: CIVIL PROCEDURE – Limitation of Actions – Cause of Action – Date of Accrual Where Challenge is to Implementation of Legislation

A cause of action accrues when: (1) a plaintiff exists who can sue; (2) a defendant exists who can be sued; and (3) all material facts have happened that the plaintiff must prove to succeed. The date of accrual determines when the limitation period begins to run. For challenges to implementation of legislation, the cause of action arises when the implementing act occurs—not when the legislation was enacted. The plaintiff must wait until the act affects them before suing. The principle prevents premature actions. The court examines when the plaintiff’s rights were actually infringed. The cause of action is complete when damage occurs, not when the wrongful act was done. The limitation period runs from the date of accrual, not earlier.