Statutes require written notice within a short period, frequently ninety days to six months, stating the claim's basis and damages. Failure to comply generally bars the action.
Federal civil rights claims are not subject to state notice requirements.
Alternative Names:
Tort Claim Notice|Government Claim Notice
Why it Matters?
Notice requirements do not apply to Section 1983 claims under Felder, which means a plaintiff barred from state tort claims for failure to give notice may still pursue federal constitutional claims on the same facts. That limits the defense's reach in mixed complaints. For the state claims, substantial compliance doctrines vary and strict jurisdictions bar claims for technical defects in an otherwise timely notice.
Frequently Confused with
Related terms
Frequently asked questions
Do notice requirements apply to Section 1983 claims?
What is the practical consequence?
