What is the limitation period for filing a motion?
MultiRegion, United States of America
The following excerpt is from Pineda v. Allison, Case No. 1:19-cv-00260-DAD-EPG-HC (E.D. Cal. 2020):
The limitation period is subject to equitable tolling if the petitioner demonstrates "'(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way' and prevented timely filing." Holland v. Florida, 560 U.S. 631, 649 (2010) (quoting Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005)). Petitioner bears the burden of alleging facts that would give rise to tolling. Holland, 560 U.S. at 649; Pace, 544 U.S. at 418.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the limitation period for filing a motion in a personal injury case? (MultiRegion, United States of America)
Does the statute of limitations apply to a lawsuit filed beyond the applicable state limitations period? (MultiRegion, United States of America)
Does the statute of limitations apply to a petitioner who has not filed a post-conviction application since the expiration of the AEDPA limitation period? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
What is the limitation period for filing a motion to overturn a conviction? (MultiRegion, United States of America)
What is the limitation period for filing a motion for habeas? (MultiRegion, United States of America)
What is the standard of review for a motion alleging that the federal government breached a plea agreement by filing a section 5K1.1 motion? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
Does the statute of limitation for filing an application under section 2255(f) of the Criminal Code require a year to file the application? (MultiRegion, United States of America)
