• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

help understanding 3119.961

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mouseblood

Junior Member
What is the name of your state (only U.S. law)? Ohio

am i wrong when i say Appears 3119.961 Has a statute of limitations Of 1 year :
3119.961 Motion for relief from paternity determination or support order.
(A) a person may file a motion for relief from a final judgment


3119.962 :
3119.962 Granting relief from paternity determination.
(A)(1) Upon the filing of a motion for relief under section 3119.961 of the Revised Code

does not extend that time or am i reading Civ.R incorrectly?
a motion for relief' under (1)Mistake,(2)newly discovered evidence,(3)Fraud would that statute of limitation be 1 year or am i in error
 


Zigner

Senior Member, Non-Attorney
It is often unwise to attempt to answer a question such as this without knowledge of the facts (context) surrounding the question.

In other words...why do you ask?
 

mouseblood

Junior Member
It is often unwise to attempt to answer a question such as this without knowledge of the facts (context) surrounding the question.

In other words...why do you ask?
if the statutes of limitations is one year but a court proceeds did the court create a jurisdictional defect by proceeding pass the statutes of limitations allowed by 3119.961 and a motion for relief
 

Zigner

Senior Member, Non-Attorney
if the statutes of limitations is one year but a court proceeds did the court create a jurisdictional defect by proceeding pass the statutes of limitations allowed by 3119.961 and a motion for relief
Not necessarily.
 

Taxing Matters

Overtaxed Member
if the statutes of limitations is one year but a court proceeds did the court create a jurisdictional defect by proceeding pass the statutes of limitations allowed by 3119.961 and a motion for relief
The statute of limitations is the period of time in which the complaint or petition must be filed to start the litigation. Once the complaint or petition is filed, the statute of limitation is satisfied and the rest of the litigation can take months or years to complete and however long that is won’t violate the statute of limitation. The same is true for this motion. If the motion was filed timely, then whatever time the court takes to resolve that motion is not a violation of the statute of limitation. So was the motion in this instance filed within the year?
 
Last edited:

mouseblood

Junior Member
The statute of limitations is the period of time in which the complaint or petition must be filed to start the litigation. Once the complaint or petition is filed, the statute of limitation is satisfied and the rest of the litigation can take months or years to complete and however long that is won’t violate the statute of limitation. The same is true for this motion. If the motion was filed timely, then whatever time the court takes to resolve that motion is not a violation of the statute of limitation. So was the motion in this instance filed within the year?

no the motion was untimely(pass the one year)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top