Litigation
Mar. 23, 2011
When Does the Five-Year Clock Stop Ticking?
The state Supreme Court clarifies the exceptions to the five-year rule for bringing lawsuits to trial. By Richard L. Kellner and Lina B. Melidonian of Kabateck Brown Kellner.
For years, litigants have attempted to navigate the unchartered waters of the "five-year rule," whose application and exceptions have been the subject of heated debate. This debate has been punctuated by the ultimate risk for the attorney who makes mistakes in the application of the five-year rule - the dismissal of his or her client's action for lack of prosecution.
The so-called five-year rule is...
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