CACI No. 456

Defense

[Name of plaintiff] claims that even if [his/her/ nonbinary pronoun/its]

lawsuit was not filed on time, [he/she/ nonbinary pronoun/it] may still

proceed because [name of defendant] did or said something that caused

[name of plaintiff] to delay filing the lawsuit. In order to establish the

right to proceed, [name of plaintiff] must prove all of the following:

1. That [name of defendant] said or did something that caused [name

of plaintiff] to believe that it would not be necessary to file a

lawsuit;

2. That [name of plaintiff] relied on [name of defendant]’s conduct

and therefore did not file the lawsuit within the time otherwise

required;

3. That a reasonable person in [name of plaintiff]’s position would

have relied on [name of defendant]’s conduct; [and]

[4. That after the limitation period had expired, [name of defendant]’s

representations by words or conduct proved to not be true; and]

5. That [name of plaintiff] proceeded diligently to file suit once [he/

she/nonbinary pronoun /it] discovered the need to proceed.

It is not necessary that [name of defendant] have acted in bad faith or

intended to mislead [name of plaintiff].

New October 2008; Revised December 2014, June 2015, May 2020