Alex What does it mean for a case to be tolled?
When the statute of limitations tolls, that means it has been legally suspended — in other words, the clock stops running for a certain period of time — and the five or however many years gets further away.
When does equitable tolling apply in a case?
Reasonable good faith conduct on part of the plaintiff. It has been held that equitable tolling applies principally if the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his or her rights.
Are there grounds for tolling the Statute of limitations?
Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include: The plaintiff was a minor at the time a cause of action accrued. The plaintiff has been deemed mentally incompetent. The plaintiff has been convicted of a felony and is imprisoned.
What do you need to know about tolling in Michigan?
In Michigan, the plaintiff must exercise due diligence in order to invoke equitable tolling.
When is tolling used in the interest of Justice?
The court expressed that tolling doctrine is used in the interests of justice to accommodate both a defendant’s right not to be called upon to defend a stale claim and a plaintiff’s right to assert a meritorious claim when equitable circumstances have prevented a timely filing.
Reasonable good faith conduct on part of the plaintiff. It has been held that equitable tolling applies principally if the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his or her rights.
Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include: The plaintiff was a minor at the time a cause of action accrued. The plaintiff has been deemed mentally incompetent. The plaintiff has been convicted of a felony and is imprisoned.
In Michigan, the plaintiff must exercise due diligence in order to invoke equitable tolling.
The court expressed that tolling doctrine is used in the interests of justice to accommodate both a defendant’s right not to be called upon to defend a stale claim and a plaintiff’s right to assert a meritorious claim when equitable circumstances have prevented a timely filing.