<P> In Michigan, the plaintiff must exercise due diligence in order to invoke equitable tolling . Where information is reasonably available to the plaintiff such that the proper defendant may be identified and served, the plaintiff may not seek the tolling of the statute of limitations due to its failure to obtain the needed information in a timely manner . </P> <P> Mississippi courts require earnest efforts by plaintiffs seeking tolling, and will not equitably toll the statute of limitations based upon claims of excusable neglect, or based upon the plaintiff's own actions or omissions . </P> <P> The Supreme Court of New Mexico has held that equitable tolling normally applies in cases where a litigant was prevented from filing suit because of an extraordinary event beyond his or her control . In contrast, where a plaintiff fails to identify a cause of action and file a lawsuit in a timely manner due to his or her own fault, equitable tolling does not apply . </P> <P> In North Dakota, a plaintiff's failure to timely serve the defendants does not warrant equitable tolling . </P>

When can a statute of limitations be tolled