When a party's mediation application is withdrawn or treated as withdrawn, what must happen within the month the provision sets for the interruption of limitation to hold?
General information · Not legal advice
Material to check
In a practice file we read the notice recording when the mediation application was withdrawn, and any record showing it was treated as withdrawn under the other provision this item invokes, since each of those events starts the month. We also look for the date a lawsuit was filed, because a filing after that day decides whether the interruption keeps its effect.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading holds that where the case is one brought on a party's application, and the application has been withdrawn, or treated as withdrawn as the other provision provides, the interruption of limitation has no effect unless an action is filed within the month the provision sets, counted from the day that ground arose.
Another reading notes that the provision says only that suit must not be left unfiled within the month, without saying whether a suit already on foot when the ground arose answers that requirement, nor whether the interruption is undone from the application itself or only from the day the ground arose; a mediation case not brought on a party's application is outside this rule entirely.
Your judgment
If a lawsuit was already pending on the day the withdrawal arose, does that earlier filing satisfy what the provision requires within the month?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name how an already-pending action is treated, or if a court decision sets from which moment the interruption is undone when the ground arises.