Tolling Agreement
(Statute of Limitations) (MN)

Summary

This template is a tolling agreement to toll a statute of limitations applicable to existing claims for a Minnesota state court 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. A statute of limitations prescribes the time period when a cause of action must be brought. Parties may alter the time within which legal claims may be brought provided there is no statute specifically prohibiting the use of a different limitations period in the type of case and the modification is not unreasonable. Peggy Rose Revocable Trust v. Eppich, 640 N.W.2d 601, 606–07 (Minn. 2002) (applies to actions heard by arbitrator); Henning Nelson Constr. Co. v. Fireman's Fund Am. Life Ins. Co., 383 N.W.2d 645, 650–51 (Minn. 1986). Whether the contractual limitations period is reasonable depends upon the particular facts presented; what is acceptable in one case may be objectionable in another. Peggy Rose Revocable Trust, 640 N.W.2d at 606–07. For more information on deadlines in litigation, see Computing and Extending Time in Litigation (MN). For a related checklist, see Computing and Extending Time in Litigation Checklist (MN). If you need to toll a statute of repose rather than a statute of limitations, see Tolling Agreement (Statute of Repose) (MN).