Tolling Agreement
(Statute of Limitations) (PA)

Summary

This template tolling agreement may be used to toll the statute of limitations applicable to specified existing claim(s) in a Pennsylvania civil action. By executing this agreement, the parties agree that the party bringing the claim(s) will have additional time beyond the time period provided by statute and/or law. This template includes practical guidance and drafting notes. You should use this template as an agreement to toll a statute of limitations in Pennsylvania. Ordinarily, the plaintiff must commence a civil action, proceeding, or appeal in Pennsylvania within the statute of limitations specified in 42 Pa.C.S. § 5501 et seq. unless: • Another statute provides a different time –or– • A written agreement provides a shorter time that is not manifestly unreasonable 42 Pa.C.S. § 5501(a). However, parties or putative parties to a dispute may agree to toll the running of a statute of limitations and thus effectively extend the limitations period. Polett v. Pub. Commc'ns, Inc., 126 A.3d 895, 902 n.3 (Pa. 2015). Generally, a tolling agreement serves the purpose of postponing litigation so that the parties may explore alternative resolutions to dispose of the claims and/or controversies pre-litigation. Therefore, you may enter into this type of agreement when both you and the other party wish to avoid the time and expense associated with litigation and the other party is willing to extend the limitation period to provide an opportunity to resolve the claim without litigation. Also, be aware that a tolling agreement will be unnecessary for certain types of claims for which there is no limitations period. For example, you may commence the following actions and proceedings at any time, except for limitations on foreign claims: • An action against an attorney at law by or on behalf of a client to enforce any implied or resulting trust as to real property • An action by the Commonwealth of Pennsylvania, a county, or an institution district against the real or personal property of persons who were public charges, including mental patients, to recover the cost of their maintenance and support • An action by the Commonwealth of Pennsylvania, a county, or an institution district against the real or personal property of persons who were legally liable to pay for the maintenance and support of persons who were public charges, including mental patients, to recover the cost of their maintenance and support 42 Pa.C.S. § 5531. For a full listing of key content covering fundamental civil litigation tasks throughout a Pennsylvania state court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (PA). For additional guidance on statutes of limitations, see Statutes of Limitations (PA) and Commencing a Lawsuit: Evaluating Whether to File Suit (PA). For a tolling agreement for a statute of repose, see Tolling Agreement (Statute of Repose) (PA).