Tolling Agreement
(Statute of Limitations) (FL)

Summary

This template is a tolling agreement to toll a statute of limitations applicable to existing claims in a Florida civil action. This template includes practical guidance, drafting notes, and alternate clauses. 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. A statute of limitations establishes a time limit for suing in a civil case, based on the date when the claim accrued (as when the injury occurred or was discovered). Fla. Stat. § 95.011. The tolling of a statute of limitations is defined as a suspension of postponement of its application. Machules v Department of Admin., 523 So.2d 1132, 1133-4 (Fla. 1988). For a full listing of key content covering fundamental civil litigation tasks throughout a Florida state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (FL). For more information on deadlines in litigation, see Computing Time in Litigation (FL). If you need to toll a statute of repose rather than a statute of limitations, see Tolling Agreement (Statute of Repose) (FL).