Also known as: tolling statutes · tolling · tolled statute
Written by attorneys · grounded in primary & secondary sources — see below
A statutory provision that suspends or extends the running of a limitations period under specified circumstances.
Tristan Thompson sued True North Logistics in federal court under diversity jurisdiction after discovering a concealed defect in delivered cargo. The state's two-year limitations period had expired, but its concealment tolling provision extended the filing window. The court applied the state tolling rule because disregarding it would produce an outcome different from the one a state court would reach.
Tara Tran filed her diversity complaint against Thunderbolt Motors on the last day permitted by state law. State tolling rules treated the action as timely upon service, but the federal filing date alone would have been too late under a strict reading of Rule 3. The court looked to state law to decide whether the limitations period had been tolled.
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Tyler Taylor brought a class action against Triumph Manufacturing in diversity court. State law supplied a tolling rule for class claims, while a federal rule addressed only pleading requirements. The court applied the state tolling provision because no federal rule directly controlled the limitations question.
Travis Tate sued Talon Security after the defendant could not be located for service within the original limitations period. State tolling law suspended the clock while the defendant remained absent from the jurisdiction. The court enforced the state tolling statute to keep the claim alive.
Timothy Tang sought return of artwork from Tiffany Torres years after the theft. State law tolled the limitations period until the owner reasonably could have discovered the possessor's identity. The court applied the discovery-based tolling rule to determine timeliness.
Tristan Thompson added a state-law claim to a pending federal action after the original limitations period had run. Federal law tolled the state claim during pendency and for thirty days after dismissal. The court measured the extended period under the federal tolling statute rather than a stricter state rule.
Yes. Statutes of limitations and their tolling rules are substantive for Erie purposes because they determine whether a claim survives. A federal court must apply the state tolling provision so the outcome does not turn on the choice of forum.
No. Rule 3 states only that an action commences upon filing and does not address tolling. When no federal rule directly governs tolling, the court applies state law on the question.
The statute tolls the limitations period while the claim is pending and for thirty days after dismissal, unless state law provides a longer period.
It prevents plaintiffs from losing claims while a defendant remains beyond the reach of service of process, ensuring a reasonable opportunity to sue.
…or, alternatively, Rule 3 of the Federal Rules of Civil Procedure in determining when an action is commenced for the purpose of tolling the state statute of limitations. I According to the allegations of the complaint, petitioner, a carpenter, was injured on August 22, 1975, in Oklahoma City, Okla., while pounding a…