Rule 1.277 Statute of limitations

When someone files a class action lawsuit, the clock on the statute of limitations stops for everyone who is part of that class. This means class members don't have to worry about running out of time to bring their own individual claims while the class action is pending. The clock is essentially paused as soon as the case starts.

However, this pause doesn't last forever. The clock starts running again in a few situations. If a class member chooses to opt out of the class, their personal clock starts back up right away. The same thing happens if the court later removes that person from the class through a certification order. If the court decides not to certify the case as a class action at all, the clock resumes for everyone except the people who originally filed the case. And if the whole case gets dismissed without the court actually deciding the merits of the claims, the clock starts running again for all class members.

In short, this rule protects people's legal rights while they wait to see what happens with a class action. But once they're no longer part of the class, whether by their own choice or a court decision, they need to be aware that their time limit to sue on their own starts moving again.