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Glossary

Tolling

Pausing the running of a statute of limitations. Tolling can happen for various reasons: the plaintiff was a minor, the defendant fraudulently concealed the claim, the parties were in active settlement negotiations, etc.

Tolling effectively stops the clock. If a 3-year statute of limitations is tolled for a year, the plaintiff has 4 total years to file.

The grounds for tolling vary by state and by claim type. Common ones include the plaintiff's minority (the limitations period doesn't run while the plaintiff is under 18), insanity or incapacity, the defendant's absence from the state, and fraudulent concealment of the claim.

Don't rely on tolling unless you've researched it carefully. Courts apply tolling doctrines narrowly, and missing the limitations period in reliance on a bad tolling theory is a way to lose a case.