News Flash: Volume 18, Issue 2: Michigan Supreme Court Rules 182 Days + 1 for NOI Filed on Last Day of Period of Limitations.
Jun 28, 2017
Michigan Supreme Court Rules a Plaintiff has 182 Days + 1 for NOI Filed on Last Day of Period of Limitations.
Haksluoto v Mt. Clemens Reg. Med. Center. Mich. Supreme Court. 6/27/2017. Opinion by Hon. Markman. Unanimous.
Plaintiffs mailed the NOI to Defendant on the last day of the period of limitations, December 26, 2013. The Complaint was filed 183 days later on June 27, 2014. Defendants argued that because the NOI was mailed on the last day of the period of limitation, the 182-day notice period expired on June 26, 2014, and Plaintiffs violated MCL 600.5856(c).
The Supreme Court held an NOI only tolls the statute of limitations if there is time remaining to toll. When an NOI (ed. note – and this could apply to any document) is filed, the date the document is filed or mailed is not included. Under MCL 8.6 and MCR 1.108(1), in calculating periods of time the first day is excluded and the last day is included. This gives parties the entire amount of time to which they are entitled. Filing an NOI preserves the entire day the NOI was filed, regardless of whether filed on the last day of the period or earlier. Therefore in all situations the day of mailing is “rounded up,” and the Plaintiff gets that day, plus whatever days remain in the statutory period, plus 182 days.
“In this case, plaintiffs filed the NOI on the final day of the limitations period, December 26, 2013, which preserved that entire day for use when the 182-day notice period finally expired. Consequently, the NOI tolled the limitations period, leaving one day for plaintiffs to file their complaint after the notice period ended. Plaintiffs had to wait the entire 182 days of the notice period so as to provide defendants the entire 182 days of notice to which they were entitled. In this case, plaintiffs had to wait 182 days as calculated by MCR 1.108(1), meaning that plaintiffs had to wait until June 26, 2013, was over before using whatever time remained in the period of limitations—in this case, one day, June 27, 2013—to file their complaint. Because plaintiffs filed their complaint on June 27, 2013, plaintiffs’ complaint was timely filed.”
This decision sets forth a hard guideline to be used in calculating all statutory periods.