So I filed a case in federal court against an attorney for legal malpractice. Years went by before the judge said I should probably file in state court. I do so, file for a default judgment, and show up 6 hours drive away for the default hearing. Commissioner says she wants my damages in a different format than the paragraph format I submitted. So I pay an attorney to create a line item report. I submit it and call in for the follow up hearing (as informed to do by the court). Commissioner denies my request based upon statute of limitations. Why didn't she do that previously? Also, I found case law from SCOTUS saying sol tolled while in federal court. I filed motion to reconsider based upon that caselaw and she "found no good cause" to reverse her prior stupid ruling. WHAT do I do now??? TY
The Statute of Limitations are tolled, usually in both Federal and State courts when a case is active. However, when the case is no longer active the statute starts again from where it was tolled. So, if you had a case that was 2 years old when you filed in Federal Court and a year later the case was dismissed, the statute does not start from the beginning but from the two year mark. Then you look at the length of the statute in state law, not federal and if it was, for example, two years it has run and you are out of luck.
Without any reference it is not possible to address the matter any further except to say that if you are dissatisfied with the decision of the trial court your remedy is to Appeal that decision, as long as you do it within the time frame for appeals. That time, in Washington state, is 30 days from the ruling.
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