Out interest how does it work with new evidence then? I guess in civil less likely than criminal (new DNA technology etc.)
The was actually what was at issue here. The inciting incident was way past the statute of limitations on an occurrence basis (years late), but Elon was attempting to claim that there was "new evidence" to reset the start of the clock. He failed, because there was substantial evidence that he knew about the stuff he was suing over when it originally happened.
Honestly surprised he wasn't held in contempt for perjury.