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Urban Justice Docket

      The clocks

      This docket

      Area of law

      Pausing and Extending — page 2

      Time limits stop running more often than people realize, and almost never automatically. An agreement between the parties, a pending proceeding, a stay, a disability, or conduct that concealed the claim can each pause the clock, and each has conditions attached. Asking for an extension is a separate exercise with its own requirements. This subject covers both: what pauses a period and how to ask for more of it.

      Pausing and Extending

      A Tolling Agreement, and What It Should Say

      A tolling agreement suspends or waives reliance on a limitation period while the parties do something else, usually negotiate. It must identify the claims covered, the parties bound, the date the pause starts, how it ends and what happens to the period afterwards. Ambiguity on any of those turns a protective document into a dispute of its own.

      6 min readCourt rules