Once the statute of limitations
runs out, a defendant may use the statute as a
defense against litigation or prosecution and the
court will foreclose the action.
In some special instances the time
limitation my be "tolled". This puts the
running of the limitation on hold while the
condition remains. An example would be a
defendant who is out of the state when a legal
action is begun and cannot be served or prosecuted.
In many cases the statute of
limitations does not begin to run until the injured
party discovers the infraction. An example
might be a medical malpractice event that doesn't
manifest itself for years after the surgery.
Also, the statute of limitations generally will not
begin running when the injured party is a minor
until the minor reaches majority.
In civil cases, the parties
generally can agree to a longer or shorter
limitation period. The IRS is known to
regularly request that taxpayers agree to an
extension of the statute of limitations to allow the
agency more time to collect unpaid taxes. The
statute generally will begin to run on unpaid taxes
when the final tax forms have been filed.
A court may also find that the
statue of limitations can be tolled in an instance
where a person of authority uses intimidation to
prevent a victim from reporting a wrongdoing or
where a victim was coerced into believing that the
perpetrator had agreed to a suspension of the
statute when they actually had not.
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