Q: How may a Pro Se' litigant request the statute of limitation to be tolled due distress and fraud?
Where fraud carries a six year statute of limitation, but there's a 180 day statute to bring an action for FOIA violations. May a claim for fraudulent misrepresentations, continuous lack of transparency regarding FOIA responses, spanning the entire six year period be brought? Thanks.
A:
You cannot request that a statute of limitations be tolled. You can submit a motion (and brief) arguing that the statute of limitations should be tolled for particular reasons found in this case. The judge would determine whether your argument and supporting facts meet the legal standard to toll and statute of limitation.
Even if tolled, there is an end date once the reason for tolling ceases to exist. It's very possible to determine that the SOL should be tolled for a duration of time yet still now fall outside the SOL.
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