Statute of Limitations Expiring when Courts are Closed | Indiana Lawyer Explains
- 4 years ago
https://www.davidholublaw.com #IndianaLawyer #FightingForTruth
"I hear that all of the courts are shutting down for weeks, if not for months, due to a medical emergency, but I have a case that needs to be filed because the statute of limitations is expiring next week, what do I do?"
In Indiana, the court rules are called the Trial Rules, and they tell us that if your statute deadline ends on a weekend or a holiday when the courts are closed, that the statute deadline is suspended or tolled, until the next day that the court is open.
So, it the time to sue expires on Memorial Day, and the Courts are closed, then you have until the next day to file.
The rule focuses on a court closure due to a recognized non business day or a holiday, and not the whims of any given judge. So you can’t get an extra day to file if a judge takes the afternoon off to go fishing.
But, what happens if a governor issues an edict or emergency declaration that closes government offices including the courts?
Does a governor have the ability to issue an emergency declaration that says that a statute of limitations will not be enforced? Maybe yes, maybe no.
A statute of limitations is something that is a creature of a legislative body. A defendant who is sued after the statute of limitations expires, might argue to a court that the governor has no authority whatsoever to extend a deadline for filing a lawsuit, only a legislature can do that.
If they argued that, they would have a good point. Could a governor order a legislature to pass a law, or extend a deadline? No.
Most attorneys will say that the best response, if a client comes in with a statute expiring during an emergency closure, would be to file the case promptly via a court's electronic filing system if the e-filing system is open. Or, to send suit papers to the court clerk by certified mail if the e-filing system is off line.
So to answer the caller's question, the best practice would be to get in to see an attorney as quickly as possible before the statutory deadline expires and work with that attorney to see if your case can be filed electronically before the deadline expires, and fall back on immediately filing once the courts are again open if there is no electronic means of filing.
If you're in a situation where the courts are closed for months, whether for emergencies such as hurricanes, or for medical quarantines and pandemics, you need to contact an attorney and find out what can be done to assist you to get your case on file in a timely manner.
To learn more about the Law Offices Of David W Holub visit https://davidholublaw.com today.
To read David Holub's book "Fighting For Truth: A Trial Lawyer's Insight Into What It Takes To Win" visit https://www.amazon.com/gp/product/1732468206/
Listen to the Personal Injury Primer podcast today - https://personalinjuryprimer.com
"I hear that all of the courts are shutting down for weeks, if not for months, due to a medical emergency, but I have a case that needs to be filed because the statute of limitations is expiring next week, what do I do?"
In Indiana, the court rules are called the Trial Rules, and they tell us that if your statute deadline ends on a weekend or a holiday when the courts are closed, that the statute deadline is suspended or tolled, until the next day that the court is open.
So, it the time to sue expires on Memorial Day, and the Courts are closed, then you have until the next day to file.
The rule focuses on a court closure due to a recognized non business day or a holiday, and not the whims of any given judge. So you can’t get an extra day to file if a judge takes the afternoon off to go fishing.
But, what happens if a governor issues an edict or emergency declaration that closes government offices including the courts?
Does a governor have the ability to issue an emergency declaration that says that a statute of limitations will not be enforced? Maybe yes, maybe no.
A statute of limitations is something that is a creature of a legislative body. A defendant who is sued after the statute of limitations expires, might argue to a court that the governor has no authority whatsoever to extend a deadline for filing a lawsuit, only a legislature can do that.
If they argued that, they would have a good point. Could a governor order a legislature to pass a law, or extend a deadline? No.
Most attorneys will say that the best response, if a client comes in with a statute expiring during an emergency closure, would be to file the case promptly via a court's electronic filing system if the e-filing system is open. Or, to send suit papers to the court clerk by certified mail if the e-filing system is off line.
So to answer the caller's question, the best practice would be to get in to see an attorney as quickly as possible before the statutory deadline expires and work with that attorney to see if your case can be filed electronically before the deadline expires, and fall back on immediately filing once the courts are again open if there is no electronic means of filing.
If you're in a situation where the courts are closed for months, whether for emergencies such as hurricanes, or for medical quarantines and pandemics, you need to contact an attorney and find out what can be done to assist you to get your case on file in a timely manner.
To learn more about the Law Offices Of David W Holub visit https://davidholublaw.com today.
To read David Holub's book "Fighting For Truth: A Trial Lawyer's Insight Into What It Takes To Win" visit https://www.amazon.com/gp/product/1732468206/
Listen to the Personal Injury Primer podcast today - https://personalinjuryprimer.com