## How the limitation period applies

The controlling primary authority for US-NJ tolling for absence from state SOL (2A:14-22) is **2A:14-22**.

> **2A:14-22.** shall not be computed as part of the periods of time within which such an action is required to be commenced

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## Sources

- [2A:14-22 — 2A:14-22](https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/331?f=templates$fn=document-frameset.htm$q=%5Brank,100%3A%5Bdomain%3A2A%3A14-22%5D%20%5Bsum%3A2A%3A14-22%5D%20%5D%20$x=server$3.0#LPHit1)

All sources are official primary law published by `lis.njleg.state.nj.us`.

**Corroboration method:** spa_subagent_dual_fetch.


Statute of Limitations for Tolling for Absence from State in New Jersey.

Statute of Limitations for Tolling for Absence from State in New Jersey

A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action.

Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in N.J.S.2A:14-2 and N.J.S.2A:14-3, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within six years next after the cause of any such action shall have accrued.

A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law.

Every action at law for libel or slander shall be commenced within 1 year next after the publication of the alleged libel or slander.

Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

Every action brought under this chapter shall be commenced within 2 years after the death of the decedent, and not thereafter, provided, however, that if the death resulted from murder, aggravated manslaughter or manslaughter for which the defendant has been convicted, found not guilty by reason of insanity or adjudicated delinquent, the action may be brought at any time.

a. Every action at law for trespass to real property, for any tortious injury to real or personal property, for taking, detaining, or converting personal property, for replevin of goods or chattels, for any tortious injury to the rights of another not stated in N.J.S.2A:14-2 and N.J.S.2A:14-3, or for recovery upon a contractual claim or liability, express or implied, not under seal, or upon an account other than one which concerns the trade or merchandise between merchant and merchant, their factors, agents and servants, shall be commenced within six years next after the cause of any such action shall have accrued.

Every action at law for an injury resulting from the commission of sexual assault, any other crime of a sexual nature, a prohibited sexual act as defined in section 2 of P.L.1992, c.7 (C.2A:30B-2), or sexual abuse as defined in section 1 of P.L.1992, c.109 (C.2A:61B-1) against a minor under the age of 18 that occurred prior to, on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be commenced within 37 years after the minor reaches the age of majority, or within seven years from the date of reasonable discovery of the injury and its causal relationship to the act, whichever date is later.

A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the 90th day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:

a. The claimant failed to file the claim with the public entity within 90 days of accrual of the claim except as otherwise provided in N.J.S.59:8-9; or

b. Two years have elapsed since the accrual of the claim;

If (1) any person against whom there is any of the causes of action specified in sections 2A :14-1 to 2A :14-5 and 2A :14-8, or if any surety against whom there is a cause of action specified in any of the sections of article 2 of this chapter, is not a resident of this State when such cause of action accrues, or removes from this State after the accrual thereof and before the expiration of the times limited in said sections, or if any corporation or corporate surety not organized under the laws of this State, against whom there is such a cause of action, is not represented in this State by any person or officer upon whom summons or other original process may be served, when such cause of action accrues or at any time before the expiration of the times so limited, and (2) it appears by affidavit of plaintiff's attorney or of any person having knowledge of the facts that, after diligent inquiry and effort, long-arm service cannot be effectuated, the time or times during which such person or surety is not residing within this State or such corporation or corporate surety is not so represented within this State shall not be computed as part of the periods of time within which such an action is required to be commenced by the section.

An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

in an appropriate case a cause of action will be held not to accrue until the injured party discovers, or by an exercise of reasonable diligence and intelligence should have discovered that he may have a basis for an actionable claim. ... The determinative factors may include but need not be limited to: the nature of the alleged injury, the availability of witnesses and written evidence, the length of time that has elapsed since the alleged wrongdoing, whether the delay has been to any extent deliberate or intentional, whether the delay may be said to have peculiarly or unusually prejudiced the defendant. N.J.S.A. 2A:14-2 opens: "Except as otherwise provided by law, every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued."

Per N.J.S.A. 2A:14-2(a), a New Jersey civil action at law for personal injury caused by the wrongful act, neglect, or default of any person within the State must be commenced within two years after the cause of action accrues, subject to the medical-malpractice-at-birth exception (action by/on behalf of a minor must be commenced before the minor's 13th birthday).

Per N.J.S.A. 2A:14-1(a), a New Jersey civil action for recovery upon a contractual claim or liability, express or implied, not under seal, must be commenced within six years after the cause of action accrues. Two exclusions narrow the scope: (i) per subsection (b), contracts for the sale of goods governed by N.J.S.12A:2-725 (UCC Article 2) are subject to that statute's separate four-year limitations period rather than the six-year period; and (ii) accounts that concern trade or merchandise betwe

In New Jersey, a civil action for libel or slander (defamation) must be commenced within one year after the publication of the alleged libel or slander, per the verbatim text of N.J.S.A. 2A:14-3.

Under N.J.S.A. 2A:14-2a (P.L.2019, c.120, eff. 2019-12-01), every civil action for injury from childhood sexual assault must be commenced within 37 years after the minor reaches the age of majority (i.e., until age 55), OR within 7 years from the date of reasonable discovery, whichever is later. The 2-year revival window under 2A:14-2b (eff. 2019-12-01 through 2021-11-30) is now closed.

Under N.J. Stat. § 2A:14-2(a), every action at law for an injury to the person caused by the wrongful act, neglect, or default of any person within New Jersey must be commenced within two years after the cause of action accrued, subject to the express minor-medical-malpractice-birth-injury exception in (a) and procedural provisions in (b), and to other statutory exceptions invoked by the 'Except as otherwise provided by law' opening clause.

Statute of limitations for breach written contract in US-NJ is 6 years under N.J.S.A. 2A:14-1.

Statute of limitations for libel slander in US-NJ is 1 years under N.J.S.A. 2A:14-3.

Statute of limitations for personal injury in US-NJ is 2 years under N.J. Stat. § 2A:14-2.

Credit-card and open-account debt rests on a contractual obligation governed by N.J.S.A. 2A:14-1, which sets a 6 years limitations period for contract actions.

A promissory note is a written contractual obligation, so an action to collect promissory-note debt is governed by N.J.S.A. 2A:14-1, which sets a 6 years limitations period for contract actions.

An action for trespass to real property in New Jersey must be commenced within 6 years after the cause of action accrues.

Tortious interference with business relations in New Jersey is a tortious injury to the rights of another and must be brought within 6 years under N.J.S.A. 2A:14-1.

Common-law fraud and deceit in New Jersey is a tortious injury to the rights of another and must be brought within 6 years under N.J.S.A. 2A:14-1.

New Jersey actions for breach of any contract for sale of goods must be commenced within 4 years after the cause of action has accrued under N.J. Stat. Ann. § 12A:2-725.

Under the New Jersey Tort Claims Act, a claim against a public entity must be presented not later than the 90th day after accrual of the cause of action under N.J.S.A. § 59:8-8.

Statute of limitations is 4 years under N.J.S.A. § 12A:2-725.

N.J.S.A. 2A:14-21 (as amended 2004 c.17 s.4; 2013 c.103 s.2) tolls the limitations period for plaintiffs who are under 18 years of age or who have a mental disability that prevents them from understanding their legal rights or commencing an action at the time the cause of action accrues. The clock does not run until the minor reaches majority or the person regains mental capacity, except that medical-malpractice-at-birth claims must be brought before the minor's 13th birthday per N.J.S.A. 2A:14-2.

N.J.S.A. 2A:14-22 tolls the limitations period when a defendant is not a resident of NJ at the time the cause of action accrues, or removes from NJ after accrual, provided the plaintiff shows by affidavit that long-arm service cannot be effectuated after diligent inquiry. Time of non-residency is not computed against the SOL. Subject to equal-protection constraints noted in Bendix Autolite v. Midwesco Enterprises and Coons v. American Honda.

NJ defendant-concealment tolling is pure common law — no general statutory provision (N.J.S.A. 2A:14-23 is 'Death of person liable'; 2A:14-1.1 covers concealment only for construction/real property). Under Freeman v. State (2002), three elements must be shown: (1) defendant made an affirmative act of misrepresentation intended to conceal the cause of action; (2) the misrepresentation did conceal the cause of action; (3) plaintiff did not act within the SOL due to the misrepresentation. 'Concealment by mere silence is not enough.' See also Viviano v. CBS, Inc., 251 N.J. Super. 113 (App. Div. 1991), aff'd 127 N.J. 565 (1992).

NJ discovery rule is common law, established in Lopez v. Swyer, 62 N.J. 267, 300 A.2d 563 (1973). The NJ Supreme Court (7-0, Mountain J.) held that a cause of action does not accrue until the injured party discovers, or by reasonable diligence should have discovered, that they may have a basis for an actionable claim. The question is for the court, not the jury. N.J.S.A. § 2A:14-2 opens 'Except as otherwise provided by law', incorporating the judicially-developed discovery rule. Factors relevant to the court's determination include the nature of the injury, availability of evidence, length of delay, whether delay was deliberate, and prejudice to defendant.

Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued; except that an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday.

2A:14-21. If a person entitled to commence an action or proceeding specified in N.J.S.2A:14-1 to 2A:14-8 or N.J.S.2A:14-16 to 2A:14-20 or to a right or title of entry under N.J.S.2A:14-6 is under the age of 18 years or a person who has a mental disability that prevents the person from understanding his legal rights or commencing a legal action at the time the cause of action or right or title accrues, the person may commence the action or make the entry, within the time as limited by those statutes, after reaching majority or having the mental capacity to pursue the person's lawful rights. Notwithstanding the provisions of this section to the contrary, an action by or on behalf of a minor that has accrued for medical malpractice for injuries sustained at birth shall be commenced prior to the minor's 13th birthday, as provided in N.J.S.2A:14-2. amended 2004, c.17, s.4; 2013, c.103, s.2.

and (2) it appears by affidavit of plaintiff's attorney or of any person having knowledge of the facts that, after diligent inquiry and effort, long-arm service cannot be effectuated, the time or times during which such person or surety is not residing within this State or such corporation or corporate surety is not so represented within this State shall not be computed as part of the periods of time within which such an action is required to be commenced by the section.

No action, whether in contract, in tort, or otherwise, to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property, or for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction or construction of such improvement to real property, more than 10 years after the performance or furnishing of such services and construction.

In any action for damages for personal injuries, wrongful death or property damage resulting from an alleged act of malpractice or negligence by a licensed person in his profession or occupation, the plaintiff shall, within 60 days following the date of filing of the answer to the complaint by the defendant, provide each defendant with an affidavit of an appropriate licensed person that there exists a reasonable probability that the care, skill or knowledge exercised or exhibited in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional or occupational standards or treatment practices.

In any civil action for injury or illness based on sexual abuse, the cause of action shall accrue at the time of reasonable discovery of the injury and its causal relationship to the act of sexual abuse. Any such action shall be subject to the statute of limitations set forth in section 2 of P.L.2019, c.120 (C.2A:14-2a).

A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law.

2A:14-22. a. If (1) any person against whom there is any of the causes of action specified in sections 2A:14-1 to 2A:14-5 and 2A:14-8, or if any surety against whom there is a cause of action specified in any of the sections of article 2 of this chapter, is not a resident of this State when such cause of action accrues, or removes from this State after the accrual thereof and before the expiration of the times limited in said sections, or if any corporation or corporate surety not organized under the laws of this State, against whom there is such a cause of action, is not represented in this State by any person or officer upon whom summons or other original process may be served, when such cause of action accrues or at any time before the expiration of the times so limited, and (2) it appears by affidavit of plaintiff's attorney or of any person having knowledge of the facts that, after diligent inquiry and effort, long-arm service cannot be effectuated, the time or times during which such person or surety is not residing within this State or such corporation or corporate surety is not so represented within this State shall not be computed as part of the periods of time within which such an action is required to be commenced by the section. The person entitled to any such action may commence the same after the accrual of the cause therefor, within the period of time limited therefor by said section, exclusive of such time or times of nonresidence or nonrepresentation. L.1951 (1st SS), c.344; amended 1984,c.131; 1991,c.387,s.1.

There is a significant distinction between the two equitable doctrines affording relief from unfair and unnecessarily harsh results. The discovery rule avoids the mechanical application of a statute of limitations by postponing the accrual of a cause of action so long as a party is unaware either that he has been injured or that the injury was due to the fault or neglect of an identifiable person. Equitable tolling assumes the accrual of the action but intercepts and delays the bar of the statute of limitations because the plaintiff lacked vital information which was withheld by a defendant. ... [E]quitable tolling of a statute of limitations occurs when a plaintiff is misled as to the real reason for demotion or termination and as a result fails to act within the prescribed time limit. Dunn v. Borough of Mountainside, 301 N.J. Super. 262, 276-78 (App. Div.), certif. denied, 153 N.J. 402 (1997) ... Typically the doctrine is applied "where the complainant has been induced or tricked by his adversary's misconduct into allowing the filing deadline to pass." Dunn, supra, 301 N.J. Super. at 280 (quoting Irwin v. Dept. of Veteran's Affairs, 489 U.S. 89, 96, 111 S. Ct. 453, 458, 112 L. Ed. 2d 435, 444 (1990)).

How the limitation period applies

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