A program of the Mildred Rose Memorial Foundation, Inc., a 501(c)(3) non-profit California public benefit corporation
STATUTES OF LIMITATION
The following statutes of limitations are only applicable to California, and can be found in the
Code of Civil Procedure (CCP). Every jurisdiction has its own statutes of limitations, based upon
the jurisdiction of the court involved (state law governs state courts; federal law governs federal
courts). The fact that most states now draw their Codes from uniform federal models, means
that states outside of California probably have statutes of limitations that are similar to
California's. (To be certain, check the laws of procedure for your state).
ONE YEAR
TWO YEARS
THREE YEARS
FOUR YEARS
TEN YEARS
TOLLING OF THE STATUTEIf the cause of action accrues (i.e., takes place) when a defendant is outside of the state, an action may be filed after his or her return to the state within the limited term; or if he or she departs from the state after the cause of action happens, the time of his or her absence is not part of the limited time. An investigation might be necessary to determine if in fact the defendant was outside of the state. Also, if at the time the cause of action took place, a person who is under legal age, insane or imprisoned on a criminal charge or under sentence of a criminal court for a term less than life, the time of such disability is not part of the time limited. There are special statutes of limitation when the defendant is a health care provider, or insurance agent, and the individual should become thoroughly acquainted with the local rules that govern the court where they intend to file their action.
THE JUSTICE CENTER is an expert form preparation service, staffed by non-lawyer paralegals. As a non-profit community service, we offer qualified help to individuals in preparing their own paperwork, with over 20 years of experience. We assist individuals in informing themselves regarding their legal rights. Our services are all 100% unconditionally guaranteed. DISCLAIMER: The Justice Center does not give legal advice. This pamphlet is provided free of charge, as a public service for general informational purposes only. No warranty is made or implied. Persons with questions of law are encouraged to seek the advice of an attorney.THE JUSTICE CENTER"Everyone Deserves Justice"
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