Also known as: tolling provision · tolling · tolling statute · tolling agreement
Written by attorneys · grounded in primary & secondary sources — see below
Rules that suspend or extend the running of a limitations period for bringing a claim. These provisions determine when the clock pauses due to events such as concealment, reliance, or pendency of related proceedings and are treated as substantive for Erie purposes in diversity actions.
Talia Torres, a citizen of State A, sued Tidal Energy in federal court under diversity jurisdiction for breach of a supply contract. She filed after the general limitations period but within the time allowed by State A's reliance-tolling rule triggered by written assurances during settlement talks. The court applied State A's tolling provision because ignoring it would produce a different result than in state court.
Tracy Torres sued Torchlight Media in federal court on a state-law claim after the limitations period appeared to have run. She argued that filing the complaint under Federal Rule of Civil Procedure 3 tolled the state statute. The court rejected the argument and looked to State A's tolling rules instead.
Select any source to read its text and confirm it supports the definition.
Tiana Tan sued Topaz Mining in federal court after the limitations period had run on a contract claim. She invoked a state tolling rule that paused the clock while the defendant was absent from the state. The court applied the state tolling provision after confirming it did not impose an unconstitutional burden on interstate commerce.
Tori Taylor filed a class action in federal court under diversity jurisdiction after the state limitations period had run. She relied on a state statute that tolled the period for class members until the class was certified. The court determined that the state tolling rule controlled because no Federal Rule directly addressed the issue.
Tessa Takahashi sued Thunderbolt Motors and another defendant for product-related injuries after the limitations period had run against one party. She invoked a state tolling rule tied to the pendency of claims against joint tortfeasors. The court applied the state tolling provision to determine whether the claim against the second defendant remained timely.
Tanya Tang sued to recover a painting after the limitations period had run under the ordinary rule. She invoked a state tolling provision that delayed accrual until she discovered the location of the stolen artwork. The court applied the state discovery-based tolling rule to decide whether the action was timely.
State tolling rules are treated as substantive for Erie purposes because they are outcome-determinative. Applying a different federal tolling standard would allow claims in federal court that state courts would bar, creating the forum shopping and unequal treatment that Erie seeks to prevent.
Supporting sources
Rule 3 states only that an action is commenced by filing the complaint. It does not address tolling of the statute of limitations, so federal courts must apply the relevant state tolling law in diversity cases.
Supporting sources
A federal court may decline supplemental jurisdiction when the state claim raises novel or complex issues of state law. The tolling provision in 28 U.S.C. § 1367(d) then preserves the claim for thirty days after dismissal unless state law provides a longer period.
Supporting sources
…arose in Ragan and arises again in the instant case. It does not indicate, however, that Rule 3 was intended to serve as a tolling provision for statute of limitations purposes; it only suggests that the Advisory Committee thought the Rule might have that effect. [^maj-11]: The Court suggested in Ragan that in suits to…