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Simple English definitions for legal terms
tolling statute
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A quick definition of tolling statute:
A tolling statute is a law that stops the clock on a deadline for taking legal action in certain situations. For example, if the person you need to sue is not in the same state as you and cannot be served with legal papers, the tolling statute may give you more time to file your case.
A more thorough explanation:
A tolling statute is a law that stops the clock on a statute of limitations in certain situations. This means that the time limit for filing a lawsuit is paused, giving the plaintiff more time to take legal action.
For example, if a defendant cannot be served with legal papers in the jurisdiction where the lawsuit is being filed, the tolling statute may come into play. In this case, the clock on the statute of limitations would be paused until the defendant can be properly served.
Another example of a tolling statute is when the plaintiff is a minor or has a mental disability. In these cases, the clock on the statute of limitations may be paused until the plaintiff reaches the age of majority or is no longer disabled.
Overall, tolling statutes are designed to ensure that plaintiffs have a fair chance to pursue legal action, even in situations where circumstances beyond their control may have prevented them from doing so within the original time limit.