Thursday, August 23, 2012

Beware of Delay

Many clients wind up being unsuccesful in obtaining the relief that they desire from the legal system due to their delay in initiating action.

Statutes of limitation are laws which impose a deadline by which you must take action.  Unfortunately it can also happen that a ruling from one of the two divisions of the Arizona Court of Appeals establishes a precedent that the plain reading of a particular statute, or the facts and circumstances of a different fact pattern, would seem to cry out for a different result.

Family Court judges take an oath to follow the law in their rulings, even though their personal beliefs as to the result from a particular matter or fact pattern may differ from the rulings of an appellate court.  The only relief would be an appeal to a court of appeals, hoping for a change in the law.

The lesson is to not sit on your rights, or causes of action, as delay may result in an unfavorable result.

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