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AMI 212 Duration of Suspension of Running of Statute of Limitations

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 212
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 2. Issues and Burden of Proof
AMI 212 Duration of Suspension of Running of Statute of Limitations
(Defendant) contends that the limitations period was only suspended by the fraudulent concealment. To establish that the limitations period commenced to run, (defendant) has the burden to prove one of the following propositions:
First, that (plaintiff) discovered the basis for [his][her][its] claim; or
Second, that (plaintiff) should have discovered the basis for [his][her][its] claim by the exercise of reasonable diligence.
NOTE ON USE
Use this instruction only if AMI 211 is used and there is an issue concerning the duration of the tolling of the limitations period. An interrogatory may require the jury to fix a specific date.
COMMENT
A concealed fraud suspends the running of the statute of limitations, and the suspension remains in effect until the party having the cause of action discovers the fraud or should have discovered it by the use of reasonable diligence. Adams v. Wolf, 73 Ark. App. 347, 43 S.W.3d 757 (2001).
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