Joining many states that have tolled their statute of limitations in response to the coronavirus pandemic, the California Judicial Council yesterday announced a series of steps aimed at protecting the rights of consumers and creditors.
A copy of the emergency rules can be accessed by clicking here.
“We are at this point truly with no guidance in history, law, or precedent,” said Chief Justice Tani Cantil-Sakauye, chair of the council, in a statement. “And to say that there is no playbook is a gross understatement of the situation. In developing these rules, we listened to suggestions from our justice system partners, the public, and the courts, and we greatly appreciate all of the input. Working with our court stakeholders, I’m confident we can preserve the rule of law and protect the rights of victims, the accused, litigants, families and children, and all who seek justice. It’s truly a team effort.”
The rules will remain in effect until 90 days after California Governor Gavin Newsom lifts the state of emergency or until repealed by the Judicial Council.
The tolling of the statute of limitations for filing a civil lawsuit in California started on April 6.
Also included in the ruling was adding an additional six months to the five-year requirement in California under which a civil action must be brought to trial. If a new trial has been granted, the three-year window for a new trial to begin has been extended for six additional months.
Participants in a deposition — deponents — also now do not have to be physically present to participate.
