Tolling Agreement
(Statute of Limitations) (DC)

Summary

This template tolling agreement can be used to toll a statute of limitations applicable to existing claims in a District of Columbia civil action. This template includes practical guidance, drafting notes, and an alternate clause. The purpose of a tolling agreement is to suspend the period of time in which parties must legally bring a lawsuit. A tolling agreement extends the filing deadline and allows parties to negotiate and possibly resolve their dispute without litigation. Under District of Columbia's discovery rule, the statute of limitations begins to run from the date the injured party either knows or should have known by the exercise of reasonable diligence of the following: • the injury • its cause in fact –and– • some evidence of wrongdoing See Medhin v. Hailu, 26 A.3d 307, 310 (D.C. App. 2011). For actions based upon a simple contract, express or implied, the statute of limitations is 3 years. See D.C. Code § 12-301(a)(7). For actions based upon contracts for sale, the statute of limitations is 4 years, with the cause of action accruing when the breach occurs. See D.C. Code § 28:2-725(1), (2). For actions on injury to personal and real property, the statute of limitations is 3 years. See D.C. Code § 12-301(a)(3). For more information on statute of limitations in District of Columbia, see Statutes of Limitations (DC).