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Category: Business Law
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Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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the key question was is there a cut off date to file a counter

Customer Question

the key question was is there a cut off date to file a counter suit, how many days before the pretrial is not till Oct. 1/2010 or before I answer any discovery questions? what is the latest before trial date   
Submitted: 4 years ago.
Category: Business Law
Expert:  Law Pro replied 4 years ago.
It now depends if the statute of limitations has expired for your counterclaims.

When was suit filed and what are your counterclaims?
Customer: replied 4 years ago.
what determents the statute of limitation and how do I know if it has expired.

would the Judge's court clerk know ?

Customer: replied 4 years ago.
what determents the statute of limitation and how do I know if it has expired.

would the Judge's court clerk know ?







Expert:  Law Pro replied 4 years ago.
A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.

So, if the statute of limitations has expired even though a civil action is ongoing - you may have lost the ability to file a counterclaim in the matter.

The following periods represent a small sample of the statutory limitations periods in Michigan. Please note that it may be possible to bring multiple causes of action from a single incident of wrongful conduct, and thus even if it appears that the relevant statute of limitations has run it may remain possible to bring a different claim. Also, there may be an exception to the standard limitations period that applies to any given situation. The following list is provided by way of example and I don't know your particular situation.

 

 

Professional Malpractice: 2 years. Actions for medical malpractice must be filed within that two year period, or within six months of discovery to a maximum of six years following the date of the act or omission giving rise to the injury.

Personal Injury: 3 years for most torts based upon theories of negligence; 2 years for most intentional torts.

Fraud: 6 years.

Libel / Slander / Defamation: 1 year.

Injury to Personal Property: 3 years.

Product Liability: 3 years.

Contracts: 6 years.


There are some exceptions to or limitations to the statute of limitations - the most common is based upon the "discovery rule".

Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.

 

When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short.

It all depends upon the facts of the matter or the circumstances.








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Customer: replied 4 years ago.

Expert:  Law Pro replied 4 years ago.
I don't see any questions your asking.

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