State Tolling of Statutes of Limitations and Interstate Extraditions During COVID-19

NGA received questions from several states about tolling of statute of limitations and interstate extraditions during the COVID-19 outbreak. The following memorandum provides information on recent state actions to address these issues.

In response to the coronavirus outbreak, state leaders have closed, limited, or postponed nonemergency and nonessential government functions, including limiting state court operations. To mitigate and prevent negative impacts that these limitations may have on individuals and ensure due process, they are also taking steps to toll statutes of limitations and extend court deadlines. Generally, this is handled through guidance or a directive provided by the state’s supreme court. Some states are allowing for automatic tolling, while others require a request that the case be tolled.

All NGA COVID-19 memos can be found here, or visit COVID-19: What You Need To Know for current information on actions States/Territories are taking to address the COVID-19 pandemic; as well as advocacy, policy, and guidance documents for protecting public health and the economy.