Ellicott City, MD asked in Civil Litigation for District of Columbia

Q: Can I save the SOL on my civil case when I didn't file for a stay pending outcome of the criminal case?Is it automatic

I was the accused in a criminal matter with employer. It got dismissed and then I filed a civil case in Superior court suing for wrongful termination.I did not know to stay the civil proceedings pending criminal trial. Now defendant is trying to time bar all issues. Can parallel cases be automatically stayed by judge even though I forgot to file for such? Also, can the union grievance and arbitration stay the SOL in filing in superior court and the relevant issues? The law states you can file from an arbitration ruling to Superior court so does that automatically stay the SOL? By law you have to exhaust all administrative remedies first.

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1 Lawyer Answer

A: Since you filed your civil case after the criminal case had been resolved, the court could not have stayed a case (the civil case) that had not yet been filed. I believe you could have filed the civil case while the pending criminal action was going on, in which case the Court could have stayed the civil case, pending the resolution of that case. So it probably boils down to the timing. If you filed a civil case before the statute of limitations ran on that case, then you should be able to proceed with it. If you did not file the civil case in time to comply with the SOL for that case, the other side may be able to successfully argue that you are barred by the SOL.

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