Can equitable tolling and/or "discovery rule" be used in both criminal and civil cases even if the statute of limitations has already expired? 3 Answers as of January 02, 2015

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes it depends on the exact facts though.
Answer Applies to: Michigan
Replied: 1/2/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes, potentially but limitedly. The devil is in the details, consult a lawyer with them. Exceptions are always difficult to establish and the rule is most commonly upheld.
Answer Applies to: Michigan
Replied: 12/31/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
If the judge will show it. It is discretionary but rarely used in criminal cases.
Answer Applies to: Michigan
Replied: 12/30/2014
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