Trusts and Estates

New Alert Regarding Emergency Rules Related to COVID-19

On May 29, 2020, the Judicial Council of California approved a revision to emergency rule 9 regarding the statutes of limitations for civil causes of action during the COVID-19 pandemic. The revision clarifies that the tolling provided under emergency rule 9 applies to “statutes of repose” in addition to “statutes of limitations.” The expiration of the tolling is no longer tied to Governor Newsom’s state of emergency order which may not be lifted all at once, but gradually, and acknowledges courts are operating despite COVID-19. The Advisory Committee Comment also notes this rule is intended to apply broadly, including in “special proceedings” such as under the Probate Code.

Effective on May 29, 2020, emergency rule 9 of the California Rules of Court was amended to read:

Emergency rule 9. Tolling statutes of limitations for civil causes of action

  • Tolling statutes of limitations over 180 days
    Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that exceed 180 days are tolled from April 6, 2020, until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted October 1, 2020.
  • Tolling statutes of limitations of 180 days or less
    Notwithstanding any other law, the statutes of limitations and repose for civil causes of action that are 180 days or less are tolled from April 6, 2020, until August 3, 2020.

The full text of the rules (including the above-referenced Advisory Committee Comment) can be found here: https://www.courts.ca.gov/documents/appendix-i.pdf

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