Iowa Senate Bill SF405

Iowa 2023-2024 Regular Session

• Introduced: 2/23/23
• Refer: 2/23/23

Caption

A bill for an act relating to statutes of limitations tolled by the Iowa supreme court, and including retroactive applicability provisions.

Impact

The passage of SF405 will have a significant effect on various legal proceedings in Iowa by extending the time available for individuals to file civil and criminal actions. This is particularly important for those who could not pursue their legal rights due to court closures, illness, or other hardships related to the pandemic. By retroactively applying these changes from March 17, 2020, the legislation aims to uphold individuals' legal remedies that would have been constrained by the original limitation periods.

Summary

Senate File 405 addresses the tolling of statutes of limitations as ruled by the Iowa Supreme Court, particularly in response to the challenges posed by the COVID-19 pandemic. The bill provides that any statute of limitations, statute of repose, or similar deadline for commencing an action in district court that would have otherwise expired between March 17, 2020, and December 31, 2020, is tolled by seventy-six days. This adjustment is intended to facilitate access to justice for individuals who may have been hindered by the public health crisis, acknowledging the disruption that pandemic conditions caused to the legal system.

Contention

While the bill is designed to benefit individuals who faced limited access to the courts during the pandemic, there may be concerns regarding its implications for defendants and the overall legal system. Some critics could argue that extending these deadlines might lead to prolonged litigation and uncertainty for defendants, as well as impacting the swiftness of justice. The debate around the retroactive applicability might also bring up discussions on fairness and the legal rights of parties involved in actions affected by these extended limitations.