when is Statue of Limitations valid....???
Date: Fri, 02/19/2010 - 15:15
my question is:
if i have a court date in April to set a trial date....... and the trial date is set for June. and the Statue of limitations expires in May. Can I still use the Statue of Limitations to have the case dismissed? Is the SOL defense no longer valid when a suit is filed...... or is it valid since the actual trial is after the SOL has expired? thank you.
if i have a court date in April to set a trial date....... and the trial date is set for June. and the Statue of limitations expires in May. Can I still use the Statue of Limitations to have the case dismissed? Is the SOL defense no longer valid when a suit is filed...... or is it valid since the actual trial is after the SOL has expired? thank you.
Nope....it is based off the filing date, not the trial date.
Nope....it is based off the filing date, not the trial date.
If you are lucky enough to get this case dismissed without preju
If you are lucky enough to get this case dismissed without prejudice, then the SOL would come into effect again and they now would not be able to refile. Since they filed this before the experation of the SOL that is the best you can hope for...well except a dismissal with prejudice would be even better.
