Tolling of Statute of Limitations or Repose.

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Sec. 5856.

The statutes of limitations or repose are tolled in any of the following circumstances:

(a) At the time the complaint is filed, if a copy of the summons and complaint are served on the defendant within the time set forth in the supreme court rules.

(b) At the time jurisdiction over the defendant is otherwise acquired.

(c) At the time notice is given in compliance with the applicable notice period under section 2912b, if during that period a claim would be barred by the statute of limitations or repose; but in this case, the statute is tolled not longer than the number of days equal to the number of days remaining in the applicable notice period after the date notice is given.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1993, Act 78, Eff. Apr. 1, 1994 ;-- Am. 2004, Act 87, Imd. Eff. Apr. 22, 2004
Compiler's Notes: Enacting section 1 of Act 87 of 2004 provides:“Enacting section 1. (1) Except as provided in subsection (2), this amendatory act applies to civil actions filed on or after the effective date of this amendatory act.“(2) This amendatory act does not apply to a cause of action if the statute of limitations or repose for that cause of action has expired before the effective date of this amendatory act.”


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