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States toll the limitations periods for filing actions and effectively suspend most commercial litigation in light of COVID-19 pandemic

Publication March 2020

New York is currently one of 19 states we are aware have taken some form of action to toll statute of limitations in the wake of COVID-19. The others are Connecticut, Iowa, Louisiana, Massachusetts, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas and Virginia. We are continuing to monitor and will update this website regularly.


California Georgia Louisiana
New Hampshire
Ohio
Tennessee
West Virginia
Connecticut
Iowa
Massachusetts
New Jersey
Oklahoma
Texas
 
Delaware
Kansas
Michigan
New York
Pennsylvania
Virginia
 

California

State Links
  • California law empowers state Superior Court judges to petition the Supreme Court to issue emergency orders.
  • A number of Superior Court judges have been granted authority to treat time periods as court holidays for purposes of calculating deadlines and statutes of limitations.
  • The specific time period differs from court to court.

Connecticut

 State Links
  • As of March 19, all deadlines and statutes of limitation that are set to expire during the length of the public emergency in Connecticut are suspended until the public emergency has ended.
  • Court procedures will resume upon order of the Governor that the emergency has ended.

Delaware

State Links
  • As of April 14, Delaware has extended statutes of limitation that were set to expire on or before May 14 through June 1.

Georgia

State Links
  • Suspension of statutes of limitations extended to May 13.

Iowa

State Links
  • As of March 17, all statutes of limitation or other filing deadlines are tolled by 48 days.

Kansas

 State Links
  • All statutes of limitation and deadlines are postponed as of the publication of the House Substitute for Kansas SB 102 authorizing the tolling of statutes of limitation.
  • SB 102 was substituted by the House on March 16 and signed by the Governor on March 19.
  • The House Substitute was published on March 19 and by the terms of the Kansas Supreme Court order applies until further order.


Louisiana

 State Links
  • As of April 2, Louisiana has extended its suspension of statutes of limitation until April 30.

Massachusetts

 State Links
  • As of April 6, Massachusetts has extended its suspension of statutes of limitation until May 3.             

Michigan

 State Links
  • All deadlines for commencing a civil action, including initial filing deadlines and any statutory prerequisites for filing during the state of emergency declared by the Governor are postponed.
  • This order is in operation as of March 23. 

New Hampshire

 State Links
  • As of March 27, New Hampshire extended all statutes set to expire between then and May 3 until May 4 and/or the last day of the existing State of Emergency.

New Jersey

 State Links
  • As of March 27, the tolling period has been extended to April 26.
 
 

New York

 State Links
  • As of April 7, the Governor of New York issued an order extending all previous orders, including the suspension of statutes of limitation, until May 7.
 

Ohio

 State Links
  • Currently pending Governor signature, HB 197 would toll statutes of limitation from March 9 through July 30.
  • Section 22 of the bill tolls all statutes of limitation and deadlines set to expire in that time.
  • HB 197 was signed by the Governor on March 27, immediately tolling all statutes of limitation until the end of the state of emergency or July 30, whichever is sooner.

Oklahoma

 State Links
  • As of March 27, Oklahoma has extended its statutes of limitation through May 15.
 

Pennsylvania

 State Links
  • As of April 1, Pennsylvania courts have extended their previous orders through April 30.
 

Tennessee

 State Links
  • As of March 13, all deadlines and statutes of limitation that are set to expire between then and May 5 would be extended until May 6.
  • All deadlines set to expire outside of this timeframe are not extended.

Texas

 State Links
  • As of March 13, all deadlines and statutes of limitation, for all purposes, are suspended and tolled through May 1.
  • On April 1, the period of statute of limitations tolling in Texas was extended on to June 1.

Virginia

 State Links
  • As of March 16, all deadlines are tolled and extended for 21 days.
  • The order pertains to all filings, including filings for appeal and all trial-related deadlines. 
  • Tolling of statutes of limitations extended to April 26.

West Virginia 

 State Links
  • As of April 3, West Virginia has suspended all statutes of limitation set to expire between March 23 and May 1 to May 4. 
 

 


Special thanks to law clerk Nicholas Poe for his assistance in the preparation of this content.



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