Virginia Supreme Court Extends Declaration of Judicial Emergency

Today the Virginia Supreme Court entered the Third Order Extending Declaration of Judicial Emergency until May 17. Let’s hope the third time is a charm. This Order contains a bit more clarity on the tolling provisions regarding the statutes of limitation and appeals from Circuit Court. Of note, the Court provides an example: “if a two-year statute of limitations would expire on a plaintiff’s personal injury claim on April 16, 2020, the Period of Judicial Emergency (currently March 16 through May 17, 2020) would not be counted for purposes of the statute of limitations. Due to the tolling of the limitations period as a result of the Declaration of Judicial Emergency, once the emergency ends (currently May 17, 2020), the plaintiff will have an additional thirty-two (32) days to file suit.” You can view the order here.

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