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4 Cards in this Set
- Front
- Back
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Statute of Limitations
4 Initial Questions to Consider |
1. What Period Applies to the Particular Claim?
2. When Does the Period Begin to Run? 3. Do Any Discovery Rules Apply? 4. Do Any Tolls or Extensions Apply? |
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"Do Any Rules Apply?"
Rules to Consider |
1. Foreign Object in Medical Malpractice
2. Discovery of Fraud 3. Exposure to Toxic Substance |
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"Do Any Tolls or Extensions Apply?"
Tolls and Extensions to Consider |
1. Continuous Treatment by Professional
2. Defendant's Absence 3. plaintiff's infancy or mental disorder 4. prospective plaintiff's death 5. prospective defendant's death 6. grace period to recommence an action that was originally timely but thereafter dismissed (6 months) |
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II. Jurisdiction
Action commenced in court with proper subject matter jurisdiction? |
Supreme Court generally has subject matter jurisdiction over all types of actions.
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