New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

Question: 1 / 400

When might the statute of limitations be extended due to a plaintiff's disability?

After 2 years

If under 18 or insane

The statute of limitations can be extended for plaintiffs who are disabled, which typically includes individuals under the age of 18 or those who are legally insane. This extension is designed to protect persons who may not have the capacity to pursue a legal claim due to their circumstances.

For minors, the law recognizes that they may not have the maturity or understanding required to initiate a lawsuit, so the statute of limitations is paused until they reach the age of majority. For individuals deemed insane, the rationale is similar; their mental state may impair their ability to make decisions or understand the legal process. Thus, the law provides additional time for these individuals to file their claims once their disability is resolved.

The other options do not accurately reflect the circumstances under which the statute of limitations can be extended due to disability. The timeline of two years mentioned in the first option does not pertain to individuals under a disability. The option suggesting that extension only occurs if the defendant agrees does not hold legal merit, as statutory provisions govern these extensions rather than a mutual agreement between parties. Finally, the notion that extension occurs only once a lawsuit is filed overlooks the specific provisions related to disabilities that allow for a pause in the limitations period prior to filing. Therefore, the correct understanding places emphasis on

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Only if the defendant agrees

Once a lawsuit is filed

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