I was wondering... if one was to file a civil suit against a perp in Pennsylvania (or any state) that was otherwise beyond the statute of limitations in PA, how far would it proceed, and when its dismissed, does it prevent re-filing if/when a window statute is enacted?
Dear Brother 2 None,
I don't know Pennsylvania civil procedure statutes and rules. However, I would strongly advise against filing such a suit because in some states, such as Georgia where I practice, a filing without legal justification can find the filing party assessed for attorney's fees in favor of the party being sued.
As far as a change in the civil statute of limitations (which is normally NOT the same as the criminal statute of limitations), it would depend precisely on how that statute was drafted. Therefore, it would be the purest of speculation to answer the second part of your question.
However, I will say, the doctrine of
res judicata would prevent refiling if you had previously filed a case which was dismissed by the court on legal grounds.
D.
Previous Topic
Index