• Lit Support Staff

JUDICIAL COUNCIL REVISES EMERGENCY RULE ON CIVIL FILING DEADLINES

The Judicial Council approved a revision to emergency rule 9 to adjust deadlines for filing civil cases during the COVID-19 pandemic, and to clarify that the emergency rule also applies to “statutes of repose”. Statutes of repose are similar to statutes of limitation but establish deadlines for filing certain civil cases somewhat differently.


On April 6, the council first adopted emergency rule 9 to suspend statutes of limitation on all civil cases until 90 days after Governor Newsom lifts the state of emergency related to the COVID-19 pandemic. While the Governor has not announced a date to lift the state of emergency order—and may not for some time—he has announced plans to adjust the statewide shelter-in-place order in phases over the coming months. Additionally, many courts are starting to process civil filings, finding ways to move those cases forward despite the existence of COVID-19.


The council has amended emergency rule 9 by circulating order so that it is no longer tied to the state of emergency declaration. The new rule will restart statutes of limitations on set dates, and will:

  • Suspend from April 6 to October 1 the statutes of limitations and repose for civil causes of action that exceed 180 days

  • Suspend from April 6 to August 3 the statutes of limitations and repose for civil causes of action that are 180 days or less.

Causes of action with short-term statutes of limitation and repose have the more immediate deadline of August 3 because those deadlines are designed to ensure that any challenges in those matters are raised more quickly. This end date will also ensure courts can process civil actions while providing certainty and reasonable notice to litigants of the end of the suspension period.


The rule is broad in scope and applies to all civil causes of action, including special proceedings of a civil nature, such as actions brought under the California Environmental Quality Act.


During the COVID-19 pandemic, the Chief Justice and council have approved a number of temporary emergency actions, including the adoption of 13 temporary rules of court.

Circulating orders are posted to the Judicial Council meetings page.


View the full notice here.

0 views

GET IN TOUCH

We'd love to hear from you

  • Email
  • LS 365 Facebook
  • LS 365 Twitter
  • LS 365 Instagram
  • LinkedIn
  • LS 365 Youtube

Mon - Fri 8:00 am - 8:00 pm PST | Sat/Sun - Email Only | Toll Free 866.837.6823 | info@litsupport365.com 
15333 Culver Drive, #340-2009 Irvine, CA 92604

recent blogs

LS 365

POWERED BY

LIT SUPPORT 365

© 2016-2020 designed by Lit Support 365 - LS365 Corporation doing business as Lit Support 365

DISCLAIMER: LIT SUPPORT 365 IS NOT A LAW FIRM. THE INFORMATION ON THIS WEBSITE AND ANY BROCHURES IS NOT LEGAL ADVICE AND SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. WE WORK WITH ATTORNEYS, LAW FIRMS, GENERAL COUNSEL AND LITIGATION SUPPORT COMPANIES LOCALLY AND NATIONALLY.  IF YOU ARE SEEKING LEGAL ADVICE, PLEASE CONTACT AN ATTORNEY.