The Statute of Limitations on Multiple Defendants in Two Different Jurisdictions
- Federal claims can be filed based on diversity of jurisdiction. When multiple defendants are located in separate jurisdictions, a court can gain jurisdiction to hear and oversee the case based on this concept. Generally federal courts apply the legal standards of the state in which the transaction or crime took place and suit or prosecution was originally filed.
- State suits follow a similar structure to federal courts as far as court procedure for filing. Proper service of process and a jurisdiction's statute of limitations is key. The applicable statute of limitations may vary depending on the claim and the state regulations in place for the type of claim.
- A suit can be initiated against multiple defendants based on the concept of joinder. Combining parties in this way can be permissive, where parties elect to be combined where their suits originate from the same roots or compulsory joinder wherein parties involved are required by law and court to join together to best serve the interests involved.
- Parties involved in a suit with multiple defendants may find instances where tolling of the statute takes place. This is a time where the statute of limitations clock is legally paused until a condition to continue is meet which may be a corrective filing or proper service on a defendant.
Federal Courts
State Courts
Multiple Defendants
Tolling Time
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