Tolled SoL for absent: which statement best describes the exception related to personal jurisdiction?

• A. The tolling exception is that the plaintiff has a basis for personal jurisdiction over the absent defendant
• B. There is no exception to tolling when the defendant is absent
• C. Tolling is automatic when the defendant is not served
• D. Tolling ends if the case is removed to federal court

Answer: (A)

When the defendant is absent, the time to sue can be tolled only if the forum state would have personal jurisdiction over that defendant. In other words, the tolling preserves the plaintiff’s deadline while the defendant remains outside the state only if there is a viable basis to exercise PJ over the absent defendant in the forum. If there is no basis for personal jurisdiction, tolling doesn’t apply because there’s no mechanism to compel the defendant to appear, and fairness to the plaintiff isn’t served by extending the deadline. This is why the statement that the tolling exception rests on the plaintiff having a basis for personal jurisdiction over the absent defendant is the best description.