2005 Nevada Revised Statutes - Chapter 11 — Limitation of Actions
CHAPTER 11 - LIMITATION OF ACTIONS
GENERAL PROVISIONS
NRS 11.010 Commencementof civil actions.
NRS 11.020 Effectof laws of limitation of other states or countries.
REAL PROPERTY
NRS 11.030 Whenaction cannot be brought by grantee from this State.
NRS 11.040 Whenactions by State or its grantees are to be brought within 7 years.
NRS 11.060 Actionfor recovery of mining claims: Occupation and possession; other applicableprovisions.
NRS 11.070 Nocause of action effectual unless party or predecessor seized or possessedwithin 5 years.
NRS 11.080 Seisinwithin 5 years; when necessary in action for real property.
NRS 11.090 Peaceableentry; when not valid as claim.
NRS 11.100 Possessionpresumed in legal owner unless adversely held.
NRS 11.110 Occupationunder written instrument or judgment; when deemed adverse.
NRS 11.120 Whatconstitutes adverse possession under written instrument or judgment.
NRS 11.130 Premisesactually occupied under claim of title deemed to be held adversely.
NRS 11.140 Whatconstitutes adverse possession under claim of title not founded on writteninstrument.
NRS 11.150 Additionalrequirements for adverse possession: Occupation continuously for 5 years;payment of taxes.
NRS 11.160 Relationof landlord and tenant as affecting adverse possession.
NRS 11.170 Rightof possession not affected by descent cast.
NRS 11.180 Certaindisabilities excluded from time to commence actions.
ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY
NRS 11.190 Periodsof limitation.
NRS 11.200 Computationof time.
NRS 11.202 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Deficiencies resulting from willfulmisconduct; fraudulently concealed deficiencies.
NRS 11.203 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Known deficiencies.
NRS 11.204 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Latent deficiencies.
NRS 11.205 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Patent deficiencies.
NRS 11.2055 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Determination of date of substantialcompletion of improvement to real property.
NRS 11.206 Actionsfor damages for injury or wrongful death caused by deficiency in constructionof improvements to real property: Limitation of actions not a defense inactions based on liability as innkeeper or for defect in product.
NRS 11.207 Malpracticeactions against attorneys and veterinarians.
NRS 11.2075 Malpracticeactions against accountants.
NRS 11.208 Actionby contractor against Department of Transportation upon contract forconstruction, reconstruction, improvement or maintenance of highway.
NRS 11.209 Actionsagainst principal contractors by employees of subcontractors for wages orbenefits.
NRS 11.210 Mutualopen accounts; accrual of cause of action.
NRS 11.215 Actionsfor damages for injury arising from sexual abuse of minor.
NRS 11.220 Actionfor relief not otherwise provided for.
NRS 11.250 Disabilitiespreventing running of statute.
ACTIONS BY OR ON BEHALF OF THIS STATE
NRS 11.255 Actionsby or on behalf of this State.
MISCELLANEOUS LIMITATIONS
NRS 11.260 Actionto recover estate sold by guardian.
NRS 11.270 Actionto recover estate sold by executor or administrator.
NRS 11.275 Actionagainst estate for which letters of administration have not been issued.
NRS 11.280 Legaldisability prevents running of statute.
NRS 11.290 Nolimitation of action for deposit of money or property; exception.
NRS 11.300 Absencefrom State suspends running of statute.
NRS 11.310 Deathof person entitled to bring action before limitation expires; death of personagainst whom an action may be brought.
NRS 11.320 Statutesuspended when person against whom cause of action exists dies out of State.
NRS 11.330 Actionby enemy alien; war suspends limitation.
NRS 11.340 Reversalof judgment; new action to be brought within 1 year.
NRS 11.350 Actionstayed by injunction.
NRS 11.360 Disabilitymust exist when right of action accrued.
NRS 11.370 Coexistingdisabilities must be removed.
NRS 11.380 Actionsagainst directors or stockholders of corporations.
NRS 11.390 Acknowledgmentor new promise must be in writing; exception.
RECOMMENCEMENT OF CERTAIN ACTIONS
NRS 11.500 Recommencementof actions dismissed for lack of subject matter jurisdiction.
_________
GENERAL PROVISIONS
NRS
[1911 CPA 4; RL 4946; NCL 8503]
NRS
[1911 CPA 5; RL 4947; NCL 8504]
REAL PROPERTY
NRS
[1911 CPA 36; RL 4948; NCL 8505]
NRS
[1911 CPA 7; RL 4949; NCL 8506]
NRS
1. No action for the recovery of mining claims, or forthe recovery of the possession thereof, shall be maintained, unless it appearsthat the plaintiff, or those through or from whom he claims, were seized orpossessed of such mining claim, or were the owners thereof, according to thelaws and customs of the district embracing the same, within 2 years before thecommencement of such action.
2. Occupation and adverse possession of a mining claimshall consist in holding and working the same, in the usual and customary modeof holding and working similar claims in the vicinity thereof.
3. All of the provisions of this chapter which applyto other real estate, so far as applicable, shall be deemed to include andapply to mining claims; provided,
(a) That in such application 2 years shall be held tobe the period intended whenever the term 5 years is used; and
(b) That when the terms legal title or title areused, they shall be held to include title acquired by location or occupation,according to the usages, laws and customs of the district embracing the claim.
[1911 CPA 9; RL 4951; NCL 8508]
NRS
[1911 CPA 10; RL 4952; NCL 8509]
NRS
[1911 CPA 11; RL 4953; NCL 8510]
NRS
[1911 CPA 12; RL 4954; NCL 8511]
NRS
1. That is has been protected by a substantialenclosure; or
2. That it has been cultivated or improved inaccordance with the usual and ordinary methods of husbandry.
[1911 CPA 13; RL 4955; NCL 8512]
NRS
[1911 CPA 14; RL 4956; NCL 8513]
NRS
1. Where it has been usually cultivated or improved.
2. Where it has been protected by a substantialenclosure.
3. Where, though not enclosed, it has been used forthe supply of fuel, or of fencing timber, for the purpose of husbandry; or forthe use of pasturage, or for ordinary uses of the occupant.
4. Where a known farm or single lot has been partlyimproved, the portion of such farm or lot that may have been left not cleared,or not enclosed according to the usual course and custom of the adjoiningcountry, shall be deemed to have been occupied for the same length of time asthe part improved and cultivated.
[1911 CPA 15; RL 4957; NCL 8514]
NRS
[1911 CPA 16; RL 4958; NCL 8515]
NRS
1. Where it has been protected by a substantialenclosure.
2. Where it has been usually cultivated or improved.
[1911 CPA 17; RL 4959; NCL 8516]
NRS
[1911 CPA 18; A 1937, 26; 1931 NCL 8517](NRS A1957, 321)
NRS
[1911 CPA 19; RL 4961; NCL 8518]
NRS
[1911 CPA 20; RL 4962; NCL 8519]
NRS
1. Within the age of majority; or
2. Insane; or
3. Imprisoned on a criminal charge, or in executionupon conviction of a criminal offense, for a term less than for life,
the timeduring which such disability continues is not deemed any portion of the time inthis chapter limited for the commencement of such actions, or the making ofsuch entry or defense, but such action may be commenced or entry or defensemade, within the period of 2 years after such disability shall cease, or afterthe death of the person entitled, who shall die under such disability, but suchaction shall not be commenced, or entry or defense made, after that period.
[1911 CPA 24; RL 4966; NCL 8523]
ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY
NRS
1. Within 6 years:
(a) An action upon a judgment or decree of any court ofthe United States, or of any state or territory within the United States, orthe renewal thereof.
(b) An action upon a contract, obligation or liabilityfounded upon an instrument in writing, except those mentioned in the precedingsections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares andmerchandise sold and delivered.
(b) An action for any article charged on an account ina store.
(c) An action upon a contract, obligation or liabilitynot founded upon an instrument in writing.
(d) An action against a person alleged to havecommitted a deceptive trade practice in violation of
3. Within 3 years:
(a) An action upon a liability created by statute,other than a penalty or forfeiture.
(b) An action for waste or trespass of real property,but when the waste or trespass is committed by means of underground works uponany mining claim, the cause of action shall be deemed to accrue upon thediscovery by the aggrieved party of the facts constituting the waste ortrespass.
(c) An action for taking, detaining or injuringpersonal property, including actions for specific recovery thereof, but in allcases where the subject of the action is a domestic animal usually included inthe term livestock, which has a recorded mark or brand upon it at the time ofits loss, and which strays or is stolen from the true owner without his fault,the statute does not begin to run against an action for the recovery of theanimal until the owner has actual knowledge of such facts as would put areasonable person upon inquiry as to the possession thereof by the defendant.
(d) Except as otherwise provided in
(e) An action pursuant to
4. Within 2 years:
(a) An action against a sheriff, coroner or constableupon liability incurred by acting in his official capacity and in virtue of hisoffice, or by the omission of an official duty, including the nonpayment ofmoney collected upon an execution.
(b) An action upon a statute for a penalty orforfeiture, where the action is given to a person or the State, or both, exceptwhen the statute imposing it prescribes a different limitation.
(c) An action for libel, slander, assault, battery,false imprisonment or seduction.
(d) An action against a sheriff or other officer forthe escape of a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in
5. Within 1 year:
(a) An action against an officer, or officer de factoto recover goods, wares, merchandise or other property seized by the officer inhis official capacity, as tax collector, or to recover the price or value ofgoods, wares, merchandise or other personal property so seized, or for damagesfor the seizure, detention or sale of, or injury to, goods, wares, merchandiseor other personal property seized, or for damages done to any person orproperty in making the seizure.
(b) An action against an officer, or officer de factofor money paid to the officer under protest, or seized by the officer in hisofficial capacity, as a collector of taxes, and which, it is claimed, ought tobe refunded.
[1911 CPA 25; A 1951, 247](NRS A 1965, 948, 1415;1967, 113; 1981, 1023, 1885; 1983, 612; 1985, 698; 1987, 14, 1346; 1991, 117;1993, 454, 2628; 1997, 1591;
NRS
[1911 CPA 26; RL 4968; NCL 8525]
NRS
1. An action may be commenced against the owner,occupier or any person performing or furnishing the design, planning,supervision or observation of construction, or the construction of animprovement to real property at any time after the substantial completion ofsuch an improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervisionor observation of construction or the construction of such an improvement whichis the result of his willful misconduct or which he fraudulently concealed;
(b) Injury to real or personal property caused by anysuch deficiency; or
(c) Injury to or the wrongful death of a person causedby any such deficiency.
2. The provisions of this section do not apply in anaction brought against:
(a) The owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse in this State on account of his liabilityas an innkeeper.
(b) Any person on account of a defect in a product.
(Added to NRS by 1983, 1238)
NRS
1. Except as otherwise provided in
(a) Any deficiency in the design, planning, supervisionor observation of construction or the construction of such an improvement whichis known or through the use of reasonable diligence should have been known tohim;
(b) Injury to real or personal property caused by anysuch deficiency; or
(c) Injury to or the wrongful death of a person causedby any such deficiency.
2. Notwithstanding the provisions of
3. The provisions of this section do not apply to aclaim for indemnity or contribution.
(Added to NRS by 1983, 1238; A
NRS
1. Except as otherwise provided in
(a) Any latent deficiency in the design, planning,supervision or observation of construction or the construction of such animprovement;
(b) Injury to real or personal property caused by anysuch deficiency; or
(c) Injury to or the wrongful death of a person causedby any such deficiency.
2. Notwithstanding the provisions of
3. The provisions of this section do not apply to aclaim for indemnity or contribution.
4. For the purposes of this section, latentdeficiency means a deficiency which is not apparent by reasonable inspection.
(Added to NRS by 1983, 1237; A
NRS
1. Except as otherwise provided in
(a) Any patent deficiency in the design, planning,supervision or observation of construction or the construction of such animprovement;
(b) Injury to real or personal property caused by anysuch deficiency; or
(c) Injury to or the wrongful death of a person causedby any such deficiency.
2. Notwithstanding the provisions of
3. The provisions of this section do not apply to aclaim for indemnity or contribution.
4. For the purposes of this section, patentdeficiency means a deficiency which is apparent by reasonable inspection.
(Added to NRS by 1965, 948; A 1983, 1239;
NRS
1. Except as otherwise provided in subsection 2, forthe purposes of NRS 11.202 to
(a) The final building inspection of the improvement isconducted;
(b) A notice of completion is issued for the improvement;or
(c) A certificate of occupancy is issued for theimprovement,
whicheveroccurs later.
2. If none of the events described in subsection 1occurs, the date of substantial completion of an improvement to real propertymust be determined by the rules of the common law.
(Added to NRS by
NRS
1. The owner or keeper of any hotel, inn, motel, motorcourt, boardinghouse or lodginghouse in this state on account of his liabilityas an innkeeper.
2. Any person on account of a defect in a product.
(Added to NRS by 1983, 1238)
NRS
1. An action against an attorney or veterinarian torecover damages for malpractice, whether based on a breach of duty or contract,must be commenced within 4 years after the plaintiff sustains damage or within2 years after the plaintiff discovers or through the use of reasonablediligence should have discovered the material facts which constitute the causeof action, whichever occurs earlier.
2. This time limitation is tolled for any periodduring which the attorney or veterinarian conceals any act, error or omission uponwhich the action is founded and which is known or through the use of reasonablediligence should have been known to him.
(Added to NRS by 1981, 1023; A 1997, 478)
NRS
1. An action against an accountant or accounting firmto recover damages for malpractice must be commenced within:
(a) Two years after the date on which the alleged act,error or omission is discovered or should have been discovered through the useof reasonable diligence;
(b) Four years after completion of performance of theservice for which the action is brought; or
(c) Four years after the date of the initial issuanceof the report prepared by the accountant or accounting firm regarding thefinancial statements or other information,
whicheveroccurs earlier.
2. The time limitation set forth in subsection 1 istolled for any period during which the accountant or accounting firm concealsthe act, error or omission upon which the action is founded and which is knownor through the use of reasonable diligence should have been known to him or thefirm.
3. As used in this section, accountant means aperson certified or registered as a public accountant pursuant to
(Added to NRS by 1997, 478)
NRS
1. Completion of the contract; or
2. Determination of the engineer or decision of theBoard of Directors of the Department of Transportation on an appeal of a claimarising from the contract as provided in the standard specifications forconstruction of roads and bridges adopted by the Department,
whicheveroccurs later.
(Added to NRS by 1987, 631; A 1989, 1313)
NRS
1. No action against a principal contractor for therecovery of wages due an employee of a subcontractor or contributions orpremiums required to be made or paid on his account may be commenced more than:
(a) Two years, if the principal contractor is locatedin Nevada; or
(b) Three years, if the principal contractor is locatedoutside this state,
after thedate the employee should have received those wages from or those contributionsor premiums should have been made or paid by the subcontractor.
2. No action against a principal contractor for therecovery of benefits due an employee of a subcontractor may be commenced morethan:
(a) Three years, if the principal contractor is locatedin Nevada; or
(b) Four years, if the principal contractor is locatedoutside this state,
after thedate the employee should have received those benefits from the subcontractor.
(Added to NRS by 1983, 1350)
NRS
[1911 CPA 27; RL 4969; NCL 8526]
NRS
1. Except as otherwise provided in
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered thathis injury was caused by the sexual abuse,
whicheveroccurs later.
2. As used in this section, sexual abuse has themeaning ascribed to it in NRS 432B.100.
(Added to NRS by 1991, 117; A 1993, 254, 455, 456)
NRS
[1911 CPA 28; RL 4970; NCL 8527]
NRS
1. Within the age of 18 years; or
2. Insane; or
3. In the custodial care of the State, if placed insuch care while less than 18 years of age, except when the person isimprisoned, paroled or on probation,
the time ofsuch disability shall not be a part of the time limited for the commencement ofthe action.
[1911 CPA 34; A 1951, 54](NRS A 1973, 1577; 1977,1081)
ACTIONS BY OR ON BEHALF OF THIS STATE
NRS
1. The provisions of this chapter concerning actionsother than for the recovery of real property shall apply to actions brought inthe name of the State, or for the benefit of the State, in the same manner asto actions by private individuals.
2. Except as provided in
(Added to NRS by 1963, 362)
MISCELLANEOUS LIMITATIONS
NRS
[1911 CPA 21; RL 4963; NCL 8520]
NRS
[1911 CPA 22; RL 4964; NCL 8521]
NRS
1. Except as provided in subsection 2, no action canbe maintained against an estate for which letters of administration have notbeen issued unless it is commenced within 3 years next after the death of thedecedent.
2. This section does not affect:
(a) Any lien created by a mortgage or deed of trustwhich is recorded or a security agreement which is filed.
(b) The rights of any person who is in possession ofpersonal property of the estate.
(Added to NRS by 1979, 652)
NRS
[1911 CPA 23; RL 4965; NCL 8522]
NRS
[1911 CPA 32; RL 4974; NCL 8531](NRS A 1993,1316; 1999, 1454)
NRS
[1911 CPA 33; RL 4975; NCL 8532]
NRS
1. If the person entitled to bring an action diesbefore the expiration of the time limited for the commencement thereof, and thecause of action survives, an action may be commenced by his representatives,after the expiration of that time, and within 1 year from his death.
2. If a person against whom an action may be broughtdies before the expiration of the time limited for the commencement thereof,and the cause of action survives, an action may be commenced against hisexecutors or administrators after the expiration of that time, and within 1year after the issuing of letters testamentary or of administration; provided:
(a) The final account of such executor or administratorin the estate of such decedent be not sooner filed, and that a claim thereforbe presented as required by the law governing estates of deceased persons.
(b) That no real estate of a deceased person shall beliable for his debts other than recorded encumbrances, unless letterstestamentary or of administration be granted within 3 years from the date ofthe death of such decedent, any law to the contrary notwithstanding.
[Part 1911 CPA 35; A 1925, 17; NCL 8534]
NRS
[1911 CPA 36; RL 4978; NCL 8535]
NRS
[1911 CPA 37; RL 4979; NCL 8536]
NRS
[1911 CPA 38; RL 4980; NCL 8537]
NRS
[1911 CPA 39; RL 4981; NCL 8538]
NRS
[1911 CPA 40; RL 4982; NCL 8539]
NRS
[1911 CPA 41; RL 4983; NCL 8540]
NRS
[1911 CPA 42; RL 4984; NCL 8541]
NRS
[1911 CPA 43; RL 4985; NCL 8542]
RECOMMENCEMENT OF CERTAIN ACTIONS
NRS
1. Notwithstanding any other provision of law, andexcept as otherwise provided in this section, if an action that is commencedwithin the applicable period of limitations is dismissed because the courtlacked jurisdiction over the subject matter of the action, the action may berecommenced in the court having jurisdiction within:
(a) The applicable period of limitations; or
(b) Ninety days after the action is dismissed,
whichever islater.
2. An action may be recommenced only one time pursuantto paragraph (b) of subsection 1.
3. An action may not be recommenced pursuant toparagraph (b) of subsection 1 more than 5 years after the date on which theoriginal action was commenced.
4. Paragraph (b) of subsection 1 does not apply to acontract that is subject to the provisions of chapter104 of NRS.
(Added to NRS by
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