COVID-19 Extension to Statutes of Limitations Ends

Richard C.O. Rezie By Richard C.O. Rezie

The COVID-19 tolling period expired on July 31, 2020. It was in effect between March 9, 2020, and July 30, 2020. Specifically, as to civil litigation, Am. Sub. H. B. No. 197 tolled the statutes of limitations for civil actions during that period. Thus, a statute of limitation that expired 10 days into the tolling period, i.e. on March 19, 2020, will now expire 10 days after the tolling period, i.e., on August 9, 2020. In addition, assuming tolling was not vitiated by local court rule or intervening order, all deadlines set by the civil rules, appellate rules, etc., that were also tolled between March 9, 2020, and July 30, 2020, by the Supreme Court’s Order in 03/27/2020 Administrative Actions, 2020-Ohio-1166, are now also running once again.

The calculation method should be the same for these dates as for the statute of limitations period. However, note that, as to the Supreme Court’s Rules of Practice, tolling ended on April 21, 2020 and all parties had 30 days from that date to file all items which were due during the tolling period, i.e., until May 21, 2020, under 04/14/2020 Administrative Actions, 2020-Ohio-1461. Please not that the above brief summary and calculations serve only as an overview and non-case specific example. Specific questions and case specific analysis as to the application of tolling to particular circumstances and case specific facts should be addressed to counsel retained for that purpose.

For a further analysis by the Supreme Court please click here. You can also get more information on the tolling legislation here.