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Equitable Tolling Motion Guide
Summary
Equitable tolling can be requested when delays occur beyond a plaintiffs control, such as receiving critical insurance information late or clerical errors in filing. In Virginia, Dana experienced both issues after a vehicle accident with UPS. The insurance information was delayed, and the clerks office initially refused to file her complaint due to a perceived missing order. Dana can draft a motion starting with COMES NOW to request equitable tolling, citing these reasons. Ensure all details are accurate before submission.Full Conversation
Draft me a motion for equitable tolling. I was involved in a vehicle accident with UPS.
Hi ****, I can help you get started with a basic outline for a motion for equitable tolling. Could you please specify your location (city and state) and the reason you believe equitable tolling applies to your case (e.g., injury, lack of awareness, etc.)? This will help ensure the motion is appropriate for your jurisdiction and circumstances.
Delay in receiving critical insurance information (plaintiff left the scene of the accident by ambulance without receiving any documents. After being released from the hospital, plaintiff calls the Virginia State highway patrol to obtain insurance information for UPS. VSHP instructed Plaintiff to submit a crash report request to the VA DMV because insurance information for UPS was listed as Unknown on crash report. Plaintiff mails request and an $* money order to the VA DMV for a crash report. Plaintiff receives crash report where insurance information is still listed as Unknown. See exhibit. Plaintiff had to wait until receiving a letter from the defendant's insurance company dated October *, *, apologizing for the delay in order to receive insurance information for defendant. See exhibit for the first correspondence with the defendants insurance.
Thank you for providing the details, ****. Here's an outline for your motion for equitable tolling based on the delay in receiving critical insurance information:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
I, ****, respectfully request the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS).
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was instructed to request a crash report from the VA DMV.
- Submitted a request and $* money order for the crash report.
- Received the crash report, which listed
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
I, ****, respectfully request the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS).
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was instructed to request a crash report from the VA DMV.
- Submitted a request and $* money order for the crash report.
- Received the crash report, which listed
Second reason: the clerk's office was in error. Clerk's office refused to file my complaint even though it was right and subjects were complete because they thought I was missing an order, but I was not missing an order and had all papers to be filed. Supported by affidavit from clerk's office.
Thank you for the additional details, ****. Based on the information provided, I suggest including the clerk's office error as a second reason for equitable tolling in your motion. Here’s a concise outline:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
I, ****, respectfully request the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
I, ****, respectfully request the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was
Comes now
Hello ****,
Thank you for providing detailed information. Based on what you've shared, you need an outline for a motion for equitable tolling citing both the delay in receiving critical insurance information and an error by the clerk's office. Here’s a concise outline for your motion:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
I, ****, respectfully request the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
Thank you for providing detailed information. Based on what you've shared, you need an outline for a motion for equitable tolling citing both the delay in receiving critical insurance information and an error by the clerk's office. Here’s a concise outline for your motion:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
I, ****, respectfully request the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
If you are representing yourself, can you start your motion, "comes now, the plaintiff, **** Marie SNIDER.."
Yes, you can start your motion with "Comes now, the plaintiff, **** Marie SNIDER..." if you are representing yourself. This traditional phrasing is often used in legal documents to introduce the party submitting the motion.
Start this motion with "COMES NOW, ...."
Certainly, ****. Here’s how you can start your motion for equitable tolling:
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
**COMES NOW**, the plaintiff, **** Marie SNIDER, and respectfully requests the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was instructed to request a crash report from the VA DMV.
- Submitted a request
---
**[Your Name]**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
**COMES NOW**, the plaintiff, **** Marie SNIDER, and respectfully requests the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was instructed to request a crash report from the VA DMV.
- Submitted a request
Continue
Certainly, ****. Here’s the continuation of your motion for equitable tolling:
- **Efforts to Obtain Information (continued):**
- Submitted a request and $* money order for the crash report.
- Received the crash report, which listed the insurance information for UPS as 'Unknown'.
- Waited until October *, *, to receive a letter from the defendant's insurance company apologizing for the delay and providing the necessary information.
- **Clerk’s Office Error:**
- The clerk's office initially refused to file my complaint, believing that an order was missing, despite all required documents being present.
- This error was later supported by an affidavit from the clerk's office, confirming the mistake.
**III. Legal Grounds for Equitable Tolling:**
- **Delay Beyond Control:** The delay in receiving critical insurance information from the defendant’s insurance company was beyond my control.
- **Clerk’s Office Error:** The refusal by the clerk’s office to file my complaint constituted an error that directly impacted my ability to proceed with the case in a timely manner.
**IV. Conclusion:**
- For these reasons, I, **** Marie SNIDER, respectfully request that the Court grant equitable tolling for the time
- **Efforts to Obtain Information (continued):**
- Submitted a request and $* money order for the crash report.
- Received the crash report, which listed the insurance information for UPS as 'Unknown'.
- Waited until October *, *, to receive a letter from the defendant's insurance company apologizing for the delay and providing the necessary information.
- **Clerk’s Office Error:**
- The clerk's office initially refused to file my complaint, believing that an order was missing, despite all required documents being present.
- This error was later supported by an affidavit from the clerk's office, confirming the mistake.
**III. Legal Grounds for Equitable Tolling:**
- **Delay Beyond Control:** The delay in receiving critical insurance information from the defendant’s insurance company was beyond my control.
- **Clerk’s Office Error:** The refusal by the clerk’s office to file my complaint constituted an error that directly impacted my ability to proceed with the case in a timely manner.
**IV. Conclusion:**
- For these reasons, I, **** Marie SNIDER, respectfully request that the Court grant equitable tolling for the time
Draft a better motion
Certainly, ****. Here’s a refined draft for your motion for equitable tolling:
---
****** Marie SNIDER**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
**COMES NOW**, the plaintiff, **** Marie SNIDER, and respectfully requests the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was instructed to request a crash report from the VA DMV.
- Submitted a
---
****** Marie SNIDER**
**[Your Address]**
**[City, State, ZIP Code]**
**[Phone Number]**
**[Email Address]**
**[Date]**
**[Court Name]**
**[Court Address]**
**[City, State, ZIP Code]**
**Re: [Your Case Name/Number]**
**Motion for Equitable Tolling**
**I. Introduction**
**COMES NOW**, the plaintiff, **** Marie SNIDER, and respectfully requests the Court to grant equitable tolling in the above-referenced case due to delays beyond my control in receiving critical insurance information from the defendant's insurance company (UPS) and an error by the clerk's office.
**II. Background**
- **Date of Accident:** [Accident Date]
- **Incident:** I was involved in a vehicle accident with a UPS truck and left the scene by ambulance, unable to receive any documents.
- **Efforts to Obtain Information:**
- Contacted Virginia State Highway Patrol (VSHP) and was instructed to request a crash report from the VA DMV.
- Submitted a
Continue
Sure, ****. Here’s the continuation of your refined motion for equitable tolling:
- **Efforts to Obtain Information (continued):**
- Submitted a request and $* money order for the crash report.
- Received the crash report, which listed the insurance information for UPS as 'Unknown'.
- Waited until October *, *, to receive a letter from the defendant's insurance company apologizing for the delay and providing the necessary information.
- **Clerk’s Office Error:**
- The clerk's office initially refused to file my complaint, believing that an order was missing, despite all required documents being present.
- This error was later supported by an affidavit from the clerk's office, confirming the mistake.
**III. Legal Grounds for Equitable Tolling:**
- **Delay Beyond Control:** The delay in receiving critical insurance information from the defendant’s insurance company was beyond my control.
- **Clerk’s Office Error:** The refusal by the clerk’s office to file my complaint constituted an error that directly impacted my ability to proceed with the case in a timely manner.
**IV. Conclusion:**
- For these reasons, I, **** Marie SNIDER, respectfully request that the Court grant equitable tolling for the time lost due
- **Efforts to Obtain Information (continued):**
- Submitted a request and $* money order for the crash report.
- Received the crash report, which listed the insurance information for UPS as 'Unknown'.
- Waited until October *, *, to receive a letter from the defendant's insurance company apologizing for the delay and providing the necessary information.
- **Clerk’s Office Error:**
- The clerk's office initially refused to file my complaint, believing that an order was missing, despite all required documents being present.
- This error was later supported by an affidavit from the clerk's office, confirming the mistake.
**III. Legal Grounds for Equitable Tolling:**
- **Delay Beyond Control:** The delay in receiving critical insurance information from the defendant’s insurance company was beyond my control.
- **Clerk’s Office Error:** The refusal by the clerk’s office to file my complaint constituted an error that directly impacted my ability to proceed with the case in a timely manner.
**IV. Conclusion:**
- For these reasons, I, **** Marie SNIDER, respectfully request that the Court grant equitable tolling for the time lost due
Continue
Sure, ****. Here’s the conclusion of your refined motion for equitable tolling:
**IV. Conclusion:**
- For these reasons, I, **** Marie SNIDER, respectfully request that the Court grant equitable tolling for the time lost due to the delay in receiving critical insurance information and the error made by the clerk’s office.
**Respectfully submitted,**
****** Marie SNIDER**
**[Your Signature]**
**[Date]**
---
Please review and ensure all details are accurate before submission. Would you need any more assistance?
**IV. Conclusion:**
- For these reasons, I, **** Marie SNIDER, respectfully request that the Court grant equitable tolling for the time lost due to the delay in receiving critical insurance information and the error made by the clerk’s office.
**Respectfully submitted,**
****** Marie SNIDER**
**[Your Signature]**
**[Date]**
---
Please review and ensure all details are accurate before submission. Would you need any more assistance?
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