Absence toll: which conditions toll the SOL for absence?

• A. All of the above
• B. Absent at accrual
• C. Absent more than 4 months after accrual
• D. Lack of personal jurisdiction

Answer: (A)

The idea is that the statute of limitations can be paused when the defendant isn’t available to be reached or held to account in the forum. If the defendant is not present when the claim accrues, the clock stops, giving time for the defendant to return or be served. If the defendant remains absent for a prolonged period after accrual—more than a short, temporary absence—the tolling continues, so the plaintiff isn’t punished for the delay caused by the defendant’s absence. And if the court cannot proceed due to lack of personal jurisdiction over the defendant, there’s no effective action that can advance the case, so tolling applies as well. Taken together, these situations all justify tolling for absence, so all of the above are valid.