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Tuesday, June 22, 2010

Court of Appeals: PRA Statute of Limitation Not Triggered Until Proper Withholding Index Provided

The Court of Appeals issued it's ruling in Tobin v. Worden today. They got it exactly right.

As the Supreme Court held last year, the one-year statute of limitations for a Public Records Act case does not begin to run until the agency provides the required index showing the records it is withholding. Tobin just applies that to a set of facts where the agency never provided a withholding index so the statute of limitation was never triggered.