Litigation in the Time of COVID-19

The closure of nearly all superior courts in California and limitations on court filings have raised a practical issue for parties: how can we protect our rights during the COVID-19 crisis? Despite the closures, there remain steps that parties may still take steps to protect themselves and their claims. Certain statutes of limitations continue to run. For instance, upon receiving a Notification by Trustee under Probate Code section 16061.7, a person has 120 days to file a contest of the trust. If a person does not file an action before the expiration of the applicable statute of limitations, the claim could be barred. The court closures do not extend this deadline. Some courts declared the dates on which they are closed “court holidays,” which extends the deadline to file until the next day on which the courts are open. A party has three options if the deadline to file expires in the coming weeks. The ongoing pandemic does not diminish the importance of pending lawsuits to the participants. Through the creative use of technology and ongoing forward planning, lawsuits can continue to progress despite the courts’ closures.

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