suspension of statute of limitations (“toiling the statute”)

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suspension of statute of limitations:

1. The lifting of a statute of limitations from a cause of action because of certain circumstances such as disability of the plaintiff, the absence of the defendant from the state, concealment of cause of action, etc. 34 Am J1st Lim Ac §§ 186 et seq. [1]

interruption of statute:

1. The suspension of the running of a statute of limitations. 34 Am J1st Lim Ac §§ 186 et seq[1]

toiling the statute:

1. The suspension or interruption of the statute of limitations by reason of circumstances such as absence of the defendant from the state, concealment to avoid the service or process, etc.  21 Am J2d Crim L § 158; 34 Am J1st Lim Ac §§ 186 et seq. — aka toiling statute. [1]

1. A law that interrupts the running of a statute of limitations in certain situations, as when the defendant cannot be served with process in the forum jurisdiction. [2]

1. A term referring to circumstances that, by operation of law, suspend or interrupt the running of the statute of limitations; for EXAMPLE, the period of time during which an accused has fled the jurisdiction to avoid prosecution (see flight to avoid prosecution) or the period during which ta plaintiff is under a civil disability. [3]

v. (15c)

1. To suspend or interrupt the running of the statute of limitations. 21 Am 21 Am J2d Crim L § 158; 34 Am J1st Lim Ac §§ 186 et seq[1]

1. (Of a time period, especially a statutory one) to stop the running of; to abate <toil the limitations period>.  [2]

equitable toiling – the doctrine wherein a statute of limitations will not bar a claim if the plaintiff did not discover the injury until after the limitations period ended, or extraordinary circumstances prevented earlier filing.

toiling agreement – an agreement between a potential plaintiff and a potential defendant by which the defendant agrees to extend the limitations period on the plaintiff’s claim so that they have more time to resolve their dispute without litigation.


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[1]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[2]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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