Tolling Agreement
(Statute of Limitations) (NV)

Summary

This template tolling agreement can be used to toll a statute of limitations applicable to existing claims in a Nevada 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 the discovery rule, the statute of limitations is tolled until the injured party discovers or reasonably should have discovered facts supporting a cause of action. Petersen v. Bruen, 792 P.2d 18, 20 (1990). The rule requires a plaintiff to use due diligence in determining the existence of a cause of action and delays the accrual of the cause of action. Crabb v. Harmon Enters., 130 Nev. 1167, at *8 (2014). Unless a statute provides otherwise, the statute of limitations begins to run at the time when a complete cause or right of action accrues. See G & G Prods. LLC v. Rusic, 902 F.3d 940, 946 (9th Cir. 2018); see also Nev. Rev. Stat. Ann. § 11.010. For actions based upon a contract, obligation, or liability, if based on a written instrument, the statute of limitations is 6 years. See Nev. Rev. Stat. Ann. § 11.190(1)(b). For actions based upon a contract, obligation, or liability, if based on an unwritten instrument, the statute of limitations is 4 years. See Nev. Rev. Stat. Ann. § 11.190(2)(c). For actions based upon contracts for sale: 4 years, also with the cause of action accruing when the breach occurs. See Nev. Rev. Stat. Ann. §§ 104.2725(1) and 104.2725(2). For more information on statute of limitations in Nevada, see Statutes of Limitations (NV). If you need to toll a statute of repose rather than a statute of limitations, see Tolling Agreement (Statute of Repose) (NV).