United States: The Computation Of Time For Statute Of Limitations Under Administrative Order 2020-18

Introduction

During the COVID-19 pandemic, the Michigan Supreme Court enacted Administrative Order 2020-18. This order tolled the statute of limitations during the national emergency. Since then, parties have debated whether the tolling period extends from March 10, 2020 to June 20, 2020 or from March 23, 2020 to June 20, 2020. The Court of Appeals has held that it is March 10, 2020. Consequently, plaintiffs may have an extra 120 days to file claims arising before March 10, 2020.

Legal Authority

The Supreme Court issued Administrative Order No. 2020-3, "Order Extending Deadline for Commencement of Actions" on March 23, 2020. The order states, "Any day that falls during the state of emergency...related to COVID-19 is not included for purposes of MCR 1.108(1)." The intent of the order is "to extend all deadlines to case initiation and the filing of initial responsive pleading."

The Supreme Court amended Administrative Order No.2020-3 on May 1, 2020. The order stated, "This order in no way prohibits...nor does it suspend any time period that must elapse before the commencement of an action or proceeding." Armijo v Bronson Methodist Hospital, unpublished per curiam opinion of the Court of Appeals, issued January 19, 2023 (Docket Nos. 358728 and 358729), clarified the meaning of this limitation. Armijo held that a notice-of-intent period in a medical malpractice action does not toll the statute of limitations. So, a statutory period such as a notice of intent continues to run during the emergency, unlike a statute-of-limitations period, which does not.

The Michigan Supreme Court then issued a subsequent Order, No. 2020-18. This order came into effect on June 20, 2020 and rescinded Order No. 2020-3. The order states, "For time periods that started before Administrative Order No. 2020-3 took effect, the fillers shall have the same number of days to submit their filings on June 20, 2020, as they had ...on March 23, 2020." This order meant that any day within the state of emergency did not count toward determining the last day of a statute of limitation period. Carter v DTN Mgmt Co, ___ Mich App __; 2023 WL 439760 (Jan. 26, 2023) p.4.

Carter interpreted March 10, 2020 as a date that was within the state of emergency, even though the Administrative Order came into effect on March 23, 2020. The Court reasoned, "[T[he Supreme Court...broadly excluded any day within the state of emergency for purposes of determining the deadline." Carter, slip op at 4. So, although the order came into effect on March 23, 2020, March 10 is within the state of emergency, for tolling purposes. The limitations period runs from March 10, 2023 to June 20, 2020. As a result, Plaintiffs get 102 more days to file their complaint.

Linstrom v Trinity Health, unpublished per curiam opinion of the Court of Appeals, issued February 2, 2023 (Docket No.358487), p.7, interpreted the computation of the statute of limitations the same as Carter. The plaintiff had the same number of days remaining on June 20, 2020 as she had on March 10, 2020. Listrom, unpub op at 6. The Court referenced the staff comment to Administrative Order No. 2020-18 which states "the practical effect...was to enable fillers to exclude days beginning March 10, 2020." Listrom, unpub op at 3. So the Court similarly held that all time tolled from March 10, 2020 to June 20, 2020.

Conclusion

Recent case law has shed light on how COVID-19 tolling provisions impact the computation of time under a statute of limitations. These cases establish that the statute of limitations is tolled from March 10, 2020 to June 20, 2020. The reason is that March 10, 2020 is within the state of the emergency. Both Carter and Linstrom have clarified that the Supreme Court intended to have a broad definition of emergency, which begins from March 10, 2020, as opposed to when the order came into effect on March 23, 2020.

Consequently, defense firms should be mindful that COVID-19 tolling provisions provide 102 days of additional time for plaintiffs to file their complaint.

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