Michigan Statute of Limitations Now Tolled Per Executive Order

On the evening of April 22, 2020, Michigan Governor Gretchen Whitmer signed Executive Order 2020- 58, which will significantly impact civil litigation in Michigan while the State is under a period of emergency due to COVID-19. The Executive Order provides that all deadlines applicable to the commencement of all civil and probate actions and proceedings, including but not limited to any deadline for the filing of an initial pleading and any statutory notice provision or other prerequisite related to the deadline for filing of such a pleading, are suspended as of March 10, 2020 and shall be tolled until the end of the declared states of disaster and emergency. This Executive Order does not prohibit any litigant from commencing an action or proceeding nor does it suspend or toll any time period that must elapse before the commencement of an action or proceeding such as notice requirements in medical malpractice claims.

This Executive Order was signed and done in conformity with the Michigan Supreme Court’s Administrative Order No. 2020-3, issued on March 23, 2020, which tolled deadlines found in the Michigan Court Rules for certain pleadings and motions. The Executive Order can be found here. The Administrative Order can be found here.

If you are faced with a deadline or limitation period that was, or is, to come due between March 10, 2020 and until the State of Michigan declares that the states of disaster and emergency are over, and you are not in a position to meet that limitation period or deadline, the Executive Order and Administrative Order may be used to support your position for an otherwise late filing. As the Executive Order was not a piece of legislation like had been enacted in some states, relying on it may prove detrimental if a court or tribunal determines that Governor Whitmer did not have the authority to set aside statutory language and requirements. As with many people across the country, our firm is working remotely and able to process and handle any matters or proceedings and could alleviate the need to rely on this Executive Order.

We will keep you updated, and welcome any questions.