Several-Remedies Rule Law and Legal Definition

Several remedies rule is a procedural rule that regardless of whether the exhaustion of one remedy is a prerequisite to the pursuit of another, if the defendant is not prejudiced thereby, the running of the limitations period is tolled when an injured person has several legal remedies and, reasonably and in good faith, pursues one. In short, this rule tolls the statute of limitations for a plaintiff who has several available forums such as a workers'-compensation proceeding and the court system and who timely files in one forum and later proceeds in another forum, as long as the defendant's right and claims are not affected.

The object of the 'several remedies' rule is to excuse the plaintiff from the burden of pursuing duplicate and possibly unnecessary procedures in order to enforce the same rights or obtain the same relief. [Fanucci v. Allstate Ins. Co., 638 F. Supp. 2d 1125, 1141 (N.D. Cal. 2009)]