The statute of limitations provides a legal timeframe within which a wronged party must file a case in court. Failure to do so within this limit can lead to the case being thrown out without appeal at no cost to the defendant. It is also set in effect to ensure that the parties involved receive a swift trial for the case.
This situation does not also apply, however. There are cases where the court can put the statute on hold, depending on the case’s circumstances. This is called the tolling rule, and is an aspect of statutes of limitations that applies to special cases. Let’s learn more about what the tolling rule is for statutes of limitations in Nevada.
What is the Tolling Rule?
The tolling rule is a legal ruling that allows that court to put a crime’s statute of limitations on hold under certain circumstances. In other words, the countdown to the time limit for filing a case is put on hold for the foreseeable future. The tolling rule is in effect until the court finds sufficient grounds to lift it with concern to the case.
It is important to note that the tolling rule also applies to defendants out-of-state. If the crime is discovered but the defendant cannot be found within state borders, the statute of limitations will not go into effect until either the defendant goes back or is discovered in another state or country. There are instances, however, where the tolling rule does not apply for out-of-state defendants, such as when the plaintiff has alternate ways to serve a legal summons.
Why is the Tolling Rule Significant?
There are instances where a victim does not realize that they are already the victim of a crime until much too late. It may be that the effects of the crime are not yet apparent, the victim is not fully aware that an act constitutes a crime, or the victim is far too young to understand the situation. On the other hand, the perpetrator may be actively concealing the crime from the public so they can keep doing it.
The tolling rule applies in such cases to ensure that the victim can still receive justice long after the crime was first committed. It prevents the victim from further being taken advantage of, and allows them to file a case as soon as they discover the crime. It also ensures that the statutes will not be in effect until the victim has probable cause to file a claim (for example, visible injuries or damages).
The Tolling Rule and Children
Children are very vulnerable to exploitation and crime because they lack the reasoning and judgment to determine if a person is good or bad. This innocence means that victims only find out about these crimes far too late.
As a general rule, the statute of limitations for crimes involving minors are tolled until they reach 18 years of age. This rule generally applies to sexual abuse and trafficking case, however. For other crimes, the tolling rule will only apply if the effects are not immediately apparent. Otherwise, the regular statutes of limitations will automatically come into effect.
Nevada’s tolling rule is an important counterbalance for the statute of limitations to ensure that the parties involved are not affected by unexpected time constraints. This is just one of many aspects of the criminal justice system that ensures that the right to a fair trial is strictly enforced.