Q: Is the statue of limitation over with?
If an incident happens in October of 2022 and a Counterclaim 8/22/22 and then filed a nonsuit of the counterclaim on 10/11/22, signed by the Judge on 12/15/22 and then Reinstated the Counterclaim 6/7/23 would it still fall within the Statute Of Limitations?
A:
Most likely yes. Most claims in Texas are subject to a two- or four-year statute of limitations. There are a few that have only a one-year statute of limitations, and a few that have a longer statute of limitations. It would seem most likely that any claim arising from an incident that happened in October 2022 would still be within even a one-year statute of limitations.
In addition, the statute of limitations is tolled (i.e. satisfied) when a claim is filed. Amended pleadings relate back to the original date of filing. So a reinstated counterclaim will relate back to the date the counterclaim was originally filed.
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