USA Statutes : nevada
Title : Title 02 - CIVIL PRACTICE
Chapter : CHAPTER 11 - LIMITATION OF ACTIONS
Civil actions can only
be commenced within the periods prescribed in this chapter, after the
cause of action shall have accrued, except where a different limitation
is prescribed by statute.
[1911 CPA § 4; RL § 4946; NCL § 8503]
When a cause of action has arisen in another state, or in a
foreign country, and by the laws thereof an action thereon cannot there
be maintained against a person by reason of the lapse of time, an action
thereon shall not be maintained against him in this State, except in
favor of a citizen thereof who has held the cause of action from the time
it accrued.
[1911 CPA § 5; RL § 4947; NCL § 8504]
REAL PROPERTY
No action can be brought for or in respect to real property by
any person claiming under letters patent, or grants from this State,
unless the same might have been commenced by the State as herein
specified in case such patent had not been issued or grant made.
[1911 CPA § 36; RL § 4948; NCL § 8505]
When letters patent or grants of real property issued or
made by this state are declared void by the determination of a competent
court, an action for the recovery of the property so conveyed may be
brought, either by the State, or by any subsequent patentee or grantee of
the property, his heirs or assigns, within 7 years after such
determination, but not after that period.
[1911 CPA § 7; RL § 4949; NCL § 8506]
1. No action for the recovery of mining claims, or for the
recovery of the possession thereof, shall be maintained, unless it
appears that the plaintiff, or those through or from whom he claims, were
seized or possessed of such mining claim, or were the owners thereof,
according to the laws and customs of the district embracing the same,
within 2 years before the commencement of such action.
2. Occupation and adverse possession of a mining claim shall
consist in holding and working the same, in the usual and customary mode
of holding and working similar claims in the vicinity thereof.
3. All of the provisions of this chapter which apply to other real
estate, so far as applicable, shall be deemed to include and apply to
mining claims; provided,
(a) That in such application “2 years” shall be held to be the
period intended whenever the term “5 years” is used; and
(b) That when the terms “legal title” or “title” are used, 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]
No cause of action or
defense to an action, founded upon the title to real property, or to
rents or to services out of the same, shall be effectual, unless it
appears that the person prosecuting the action or making the defense, or
under whose title the action is prosecuted or the defense is made, or the
ancestor, predecessor, or grantor of such person, was seized or possessed
of the premises in question within 5 years before the committing of the
act in respect to which said action is prosecuted or defense made.
[1911 CPA § 10; RL § 4952; NCL § 8509]
No action for the recovery of real property, or for the
recovery of the possession thereof other than mining claims, shall be
maintained, unless it appears that the plaintiff, his ancestor,
predecessor, or grantor was seized or possessed of the premises in
question, within 5 years before the commencement thereof.
[1911 CPA § 11; RL § 4953; NCL § 8510]
No peaceable
entry upon real estate shall be deemed sufficient and valid as a claim,
unless an action be commenced by the plaintiff for possession within 1
year from the making of such entry, or within 5 years from the time when
the right to bring such action accrued.
[1911 CPA § 12; RL § 4954; NCL § 8511]
In every action for the recovery of real property, or the
possession thereof, the person establishing a legal title to the premises
shall be presumed to have been possessed thereof within the time
prescribed by law; and the occupation of such premises by any other
person shall be deemed to have been under and in subordination to the
legal title, unless it shall appear:
1. That is has been protected by a substantial enclosure; or
2. That it has been cultivated or improved in accordance with the
usual and ordinary methods of husbandry.
[1911 CPA § 13; RL § 4955; NCL § 8512]
Whenever it shall appear that the occupant, or those
under whom he claims, entered into the possession of premises, under
claim of title, exclusive of any other right, founding such claim upon a
written instrument as being a conveyance of the premises in question, or
upon the decree or judgment of a competent court, and that there has been
a continued occupation and possession of the premises included in such
instrument, decree, or judgment, or of some part of such premises, under
such claim, for 5 years, the premises so included shall be deemed to have
been held adversely, except that where the premises so included consists
of a tract divided into lots, the possession of one lot shall not be
deemed a possession of any other lot of the same tract.
[1911 CPA § 14; RL § 4956; NCL § 8513]
For the purpose of constituting adverse
possession by any person claiming a title, founded upon a written
instrument or judgment or decree, land shall be deemed to have been
possessed and occupied in the following cases:
1. Where it has been usually cultivated or improved.
2. Where it has been protected by a substantial enclosure.
3. Where, though not enclosed, it has been used for the supply of
fuel, or of fencing timber, for the purpose of husbandry; or for the use
of pasturage, or for ordinary uses of the occupant.
4. Where a known farm or single lot has been partly improved, 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 adjoining
country, shall be deemed to have been occupied for the same length of
time as the part improved and cultivated.
[1911 CPA § 15; RL § 4957; NCL § 8514]
Where it appears that there has been an actual
continued occupation of premises, under a claim of title, exclusive of
any other right, but not founded upon a written instrument, or a judgment
or decree, the premises so actually occupied, and no other, shall be
deemed to have been held adversely.
[1911 CPA § 16; RL § 4958; NCL § 8515]
For the purpose of constituting
an adverse possession, by a person claiming title, not founded upon a
written instrument, judgment or decree, land shall be deemed to have been
possessed and occupied in the following cases only:
1. Where it has been protected by a substantial enclosure.
2. Where it has been usually cultivated or improved.
[1911 CPA § 17; RL § 4959; NCL § 8516]
In no case shall
adverse possession be considered established unless it be shown, in
addition to the requirements of NRS 11.120 or 11.140 ,
that the land has been occupied and claimed for the period of 5 years,
continuously, and that the party or persons, their predecessors and
grantors have paid all taxes, state, county and municipal, which may have
been levied and assessed against the land for the period mentioned, or
have tendered payment thereof.
[1911 CPA § 18; A 1937, 26; 1931 NCL § 8517]—(NRS A 1957, 321)
Whenever the relation of landlord and tenant shall have
existed between any persons, the possession of the tenant shall be deemed
the possession of the landlord until the expiration of 5 years from the
expiration of the tenancy, or, where there has been no written lease,
until the expiration of 5 years from the time of the last payment of
rent, notwithstanding that such tenant may have acquired another title,
or may have claimed to hold adversely to his landlord. But such
presumptions shall not be made after the periods herein limited.
[1911 CPA § 19; RL § 4961; NCL § 8518]
The
right of a person to the possession of any real property shall not be
impaired or affected by a descent being cast in consequence of the death
of a person in possession of such property.
[1911 CPA § 20; RL § 4962; NCL § 8519]
If a person entitled to commence an action for the recovery of
real property, or for the recovery of the possession thereof, or to make
any entry or defense founded on the title to real property or to rents or
services out of the same, be at the time such title shall first descend
or accrue, either:
1. Within the age of majority; or
2. Insane; or
3. Imprisoned on a criminal charge, or in execution upon
conviction of a criminal offense, for a term less than for life,
Ê the time during which such disability continues is not deemed any
portion of the time in this chapter limited for the commencement of such
actions, or the making of such entry or defense, but such action may be
commenced or entry or defense made, within the period of 2 years after
such disability shall cease, or after the death of the person entitled,
who shall die under such disability, but such action 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
Except as otherwise provided in
NRS 125B.050 and 217.007 , actions other than those for the recovery of
real property, unless further limited by specific statute, may only be
commenced as follows:
1. Within 6 years:
(a) An action upon a judgment or decree of any court of the United
States, or of any state or territory within the United States, or the
renewal thereof.
(b) An action upon a contract, obligation or liability founded upon
an instrument in writing, except those mentioned in the preceding
sections of this chapter.
2. Within 4 years:
(a) An action on an open account for goods, wares and merchandise
sold and delivered.
(b) An action for any article charged on an account in a store.
(c) An action upon a contract, obligation or liability not founded
upon an instrument in writing.
(d) An action against a person alleged to have committed a
deceptive trade practice in violation of NRS 598.0903 to 598.0999 , inclusive, but the cause of action shall be deemed to accrue
when the aggrieved party discovers, or by the exercise of due diligence
should have discovered, the facts constituting the deceptive trade
practice.
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 upon any
mining claim, the cause of action shall be deemed to accrue upon the
discovery by the aggrieved party of the facts constituting the waste or
trespass.
(c) An action for taking, detaining or injuring personal property,
including actions for specific recovery thereof, but in all cases where
the subject of the action is a domestic animal usually included in the
term “livestock,” which has a recorded mark or brand upon it at the time
of its 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 the animal until the owner has actual knowledge of such facts
as would put a reasonable person upon inquiry as to the possession
thereof by the defendant.
(d) Except as otherwise provided in NRS 112.230 and 166.170 ,
an action for relief on the ground of fraud or mistake, but the cause of
action in such a case shall be deemed to accrue upon the discovery by the
aggrieved party of the facts constituting the fraud or mistake.
(e) An action pursuant to NRS 40.750 for damages sustained by a financial
institution because of its reliance on certain fraudulent conduct of a
borrower, but the cause of action in such a case shall be deemed to
accrue upon the discovery by the financial institution of the facts
constituting the concealment or false statement.
4. Within 2 years:
(a) An action against a sheriff, coroner or constable upon
liability incurred by acting in his official capacity and in virtue of
his office, or by the omission of an official duty, including the
nonpayment of money collected upon an execution.
(b) An action upon a statute for a penalty or forfeiture, where the
action is given to a person or the State, or both, except when 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 for the escape of
a prisoner arrested or imprisoned on civil process.
(e) Except as otherwise provided in NRS 11.215 , an action to recover damages for injuries to
a person or for the death of a person caused by the wrongful act or
neglect of another. The provisions of this paragraph relating to an
action to recover damages for injuries to a person apply only to causes
of action which accrue after March 20, 1951.
5. Within 1 year:
(a) An action against an officer, or officer de facto to recover
goods, wares, merchandise or other property seized by the officer in his
official capacity, as tax collector, or to recover the price or value of
goods, wares, merchandise or other personal property so seized, or for
damages for the seizure, detention or sale of, or injury to, goods,
wares, merchandise or other personal property seized, or for damages done
to any person or property in making the seizure.
(b) An action against an officer, or officer de facto for money
paid to the officer under protest, or seized by the officer in his
official capacity, as a collector of taxes, and which, it is claimed,
ought to be 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; 1999, 1238 ; 2005, 1424 )
The time in NRS 11.190 shall be deemed to date from the last
transaction or the last item charged or last credit given; and whenever
any payment on principal or interest has been or shall be made upon an
existing contract, whether it be a bill of exchange, promissory note or
other evidence of indebtedness if such payment be made after the same
shall have become due, the limitation shall commence from the time the
last payment was made.
[1911 CPA § 26; RL § 4968; NCL § 8525]
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 an improvement to
real property at any time after the substantial completion of such an
improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervision or
observation of construction or the construction of such an improvement
which is the result of his willful misconduct or which he fraudulently
concealed;
(b) Injury to real or personal property caused by any such
deficiency; or
(c) Injury to or the wrongful death of a person caused by any such
deficiency.
2. The provisions of this section do not apply in an action
brought against:
(a) The owner or keeper of any hotel, inn, motel, motor court,
boardinghouse or lodginghouse in this State on account of his liability
as an innkeeper.
(b) Any person on account of a defect in a product.
(Added to NRS by 1983, 1238)
1. Except as otherwise provided in NRS 11.202 and 11.206 ,
no 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 an improvement to real property
more than 10 years after the substantial completion of such an
improvement, for the recovery of damages for:
(a) Any deficiency in the design, planning, supervision or
observation of construction or the construction of such an improvement
which is known or through the use of reasonable diligence should have
been known to him;
(b) Injury to real or personal property caused by any such
deficiency; or
(c) Injury to or the wrongful death of a person caused by any such
deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, if an injury
occurs in the 10th year after the substantial completion of such an
improvement, an action for damages for injury to property or person,
damages for wrongful death resulting from such injury or damages for
breach of contract may be commenced within 2 years after the date of such
injury, irrespective of the date of death, but in no event may an action
be commenced more than 12 years after the substantial completion of the
improvement.
3. The provisions of this section do not apply to a claim for
indemnity or contribution.
(Added to NRS by 1983, 1238; A 1999, 1444 )
1. Except as otherwise provided in NRS 11.202 , 11.203 and
11.206 , no 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 an improvement to real property more than 8 years after
the substantial completion of such an improvement, for the recovery of
damages for:
(a) Any latent deficiency in the design, planning, supervision or
observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such
deficiency; or
(c) Injury to or the wrongful death of a person caused by any such
deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, if an injury
occurs in the eighth year after the substantial completion of such an
improvement, an action for damages for injury to property or person,
damages for wrongful death resulting from such injury or damages for
breach of contract may be commenced within 2 years after the date of such
injury, irrespective of the date of death, but in no event may an action
be commenced more than 10 years after the substantial completion of the
improvement.
3. The provisions of this section do not apply to a claim for
indemnity or contribution.
4. For the purposes of this section, “latent deficiency” means a
deficiency which is not apparent by reasonable inspection.
(Added to NRS by 1983, 1237; A 1999, 1445 )
1. Except as otherwise provided in NRS 11.202 , 11.203 and
11.206 , no 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 an improvement to real property more than 6 years after
the substantial completion of such an improvement, for the recovery of
damages for:
(a) Any patent deficiency in the design, planning, supervision or
observation of construction or the construction of such an improvement;
(b) Injury to real or personal property caused by any such
deficiency; or
(c) Injury to or the wrongful death of a person caused by any such
deficiency.
2. Notwithstanding the provisions of NRS 11.190 and subsection 1 of this section, if an injury
occurs in the sixth year after the substantial completion of such an
improvement, an action for damages for injury to property or person,
damages for wrongful death resulting from such injury or damages for
breach of contract may be commenced within 2 years after the date of such
injury, irrespective of the date of death, but in no event may an action
be commenced more than 8 years after the substantial completion of the
improvement.
3. The provisions of this section do not apply to a claim for
indemnity or contribution.
4. For the purposes of this section, “patent deficiency” means a
deficiency which is apparent by reasonable inspection.
(Added to NRS by 1965, 948; A 1983, 1239; 1999, 1445 )
1. Except as otherwise provided in subsection 2, for the purposes
of NRS 11.202 to 11.206 , inclusive, the date of substantial completion
of an improvement to real property shall be deemed to be the date on
which:
(a) The final building inspection of the improvement is conducted;
(b) A notice of completion is issued for the improvement; or
(c) A certificate of occupancy is issued for the improvement,
Ê whichever occurs later.
2. If none of the events described in subsection 1 occurs, the
date of substantial completion of an improvement to real property must be
determined by the rules of the common law.
(Added to NRS by 1999, 1444 )
The limitations respectively
prescribed by NRS 11.203 , 11.204 and 11.205
are not a defense in an action brought against:
1. The owner or keeper of any hotel, inn, motel, motor court,
boardinghouse or lodginghouse in this state on account of his liability
as an innkeeper.
2. Any person on account of a defect in a product.
(Added to NRS by 1983, 1238)
1. An action against an attorney or veterinarian to recover
damages for malpractice, whether based on a breach of duty or contract,
must be commenced within 4 years after the plaintiff sustains damage or
within 2 years after the plaintiff discovers or through the use of
reasonable diligence should have discovered the material facts which
constitute the cause of action, whichever occurs earlier.
2. This time limitation is tolled for any period during which the
attorney or veterinarian conceals any act, error or omission upon which
the action is founded and which is known or through the use of reasonable
diligence should have been known to him.
(Added to NRS by 1981, 1023; A 1997, 478)
1. An action against an accountant or accounting firm to 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 use of
reasonable diligence;
(b) Four years after completion of performance of the service for
which the action is brought; or
(c) Four years after the date of the initial issuance of the report
prepared by the accountant or accounting firm regarding the financial
statements or other information,
Ê whichever occurs earlier.
2. The time limitation set forth in subsection 1 is tolled for any
period during which the accountant or accounting firm conceals the act,
error or omission upon which the action is founded and which is known or
through the use of reasonable diligence should have been known to him or
the firm.
3. As used in this section, “accountant” means a person certified
or registered as a public accountant pursuant to chapter 628 of NRS who holds a live permit, as defined in NRS 628.019 .
(Added to NRS by 1997, 478)
An action by a contractor against
the Department of Transportation upon a contract for the construction,
reconstruction, improvement or maintenance of a highway must be commenced
within 3 years after the date of the:
1. Completion of the contract; or
2. Determination of the engineer or decision of the Board of
Directors of the Department of Transportation on an appeal of a claim
arising from the contract as provided in the standard specifications for
construction of roads and bridges adopted by the Department,
Ê whichever occurs later.
(Added to NRS by 1987, 631; A 1989, 1313)
1. No action against a principal contractor for the recovery of
wages due an employee of a subcontractor or contributions or premiums
required to be made or paid on his account may be commenced more than:
(a) Two years, if the principal contractor is located in Nevada; or
(b) Three years, if the principal contractor is located outside
this state,
Ê after the date the employee should have received those wages from or
those contributions or premiums should have been made or paid by the
subcontractor.
2. No action against a principal contractor for the recovery of
benefits due an employee of a subcontractor may be commenced more than:
(a) Three years, if the principal contractor is located in Nevada;
or
(b) Four years, if the principal contractor is located outside this
state,
Ê after the date the employee should have received those benefits from
the subcontractor.
(Added to NRS by 1983, 1350)
In
an action brought to recover a balance due upon a mutual, open and
current account, where there have been reciprocal demands between the
parties, the cause of action shall be deemed to have accrued from the
time of the last item proved in the account on either side.
[1911 CPA § 27; RL § 4969; NCL § 8526]
1. Except as otherwise provided in NRS 217.007 , an action to recover damages for an injury to
a person arising from the sexual abuse of the plaintiff which occurred
when the plaintiff was less than 18 years of age must be commenced within
10 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury
was caused by the sexual abuse,
Ê whichever occurs later.
2. As used in this section, “sexual abuse” has the meaning
ascribed to it in NRS 432B.100 .
(Added to NRS by 1991, 117; A 1993, 254, 455, 456)
An
action for relief, not hereinbefore provided for, must be commenced
within 4 years after the cause of action shall have accrued.
[1911 CPA § 28; RL § 4970; NCL § 8527]
If a
person entitled to bring an action other than for the recovery of real
property be, at the time the cause of action accrued, either:
1. Within the age of 18 years; or
2. Insane; or
3. In the custodial care of the State, if placed in such care
while less than 18 years of age, except when the person is imprisoned,
paroled or on probation,
Ê the time of such disability shall not be a part of the time limited for
the commencement of the action.
[1911 CPA § 34; A 1951, 54]—(NRS A 1973, 1577; 1977, 1081)
ACTIONS BY OR ON BEHALF OF THIS STATE
1. The provisions of this chapter concerning actions other than
for the recovery of real property shall apply to actions brought in the
name of the State, or for the benefit of the State, in the same manner as
to actions by private individuals.
2. Except as provided in NRS 11.030 and 11.040 ,
there shall be no limitation of actions brought in the name of the State,
or for the benefit of the State, for the recovery of real property.
(Added to NRS by 1963, 362)
MISCELLANEOUS LIMITATIONS
No action
for the recovery of any estate sold by a guardian can be maintained by
the ward, or by any person claiming under him, unless it is commenced
within 3 years next after the termination of the guardianship.
[1911 CPA § 21; RL § 4963; NCL § 8520]
No action for the recovery of any estate sold by an
executor or administrator in the course of any probate proceeding can be
maintained by any heir or other person claiming under the decedent,
unless it be commenced within 3 years next after the sale. An action to
set aside the sale may be instituted and maintained at any time within 3
years from the discovery of the fraud or other lawful grounds upon which
the action is based.
[1911 CPA § 22; RL § 4964; NCL § 8521]
1. Except as provided in subsection 2, no action can be maintained
against an estate for which letters of administration have not been
issued unless it is commenced within 3 years next after the death of the
decedent.
2. This section does not affect:
(a) Any lien created by a mortgage or deed of trust which is
recorded or a security agreement which is filed.
(b) The rights of any person who is in possession of personal
property of the estate.
(Added to NRS by 1979, 652)
NRS
11.260 and 11.270 shall not apply to minors or others under any
legal disability to sue at the time when the right of action first
accrues, but all such persons may commence an action at any time within 1
year after the removal of the disability.
[1911 CPA § 23; RL § 4965; NCL § 8522]
Except as otherwise provided in subsection 5 of NRS
104.3118 , to actions brought to
recover money or other property deposited with any bank, credit union,
banker, trust company or savings and loan society, there is no limitation.
[1911 CPA § 32; RL § 4974; NCL § 8531]—(NRS A 1993, 1316; 1999,
1454 )
If,
when the cause of action shall accrue against a person, he be out of the
State, the action may be commenced within the time herein limited after
his return to the State; and if after the cause of action shall have
accrued he depart the State, the time of his absence shall not be part of
the time prescribed for the commencement of the action.
[1911 CPA § 33; RL § 4975; NCL § 8532]
1. If the person entitled to bring an action dies before the
expiration of the time limited for the commencement thereof, and the
cause 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 brought dies before
the expiration of the time limited for the commencement thereof, and the
cause of action survives, an action may be commenced against his
executors or administrators after the expiration of that time, and within
1 year after the issuing of letters testamentary or of administration;
provided:
(a) The final account of such executor or administrator in the
estate of such decedent be not sooner filed, and that a claim therefor be
presented as required by the law governing estates of deceased persons.
(b) That no real estate of a deceased person shall be liable for
his debts other than recorded encumbrances, unless letters testamentary
or of administration be granted within 3 years from the date of the death
of such decedent, any law to the contrary notwithstanding.
[Part 1911 CPA § 35; A 1925, 17; NCL § 8534]
If a person against whom a cause of
action exists dies without the State, the time which elapses between his
death and the expiration of 1 year after the issuing, within this state,
of letters testamentary or letters of administration is not a part of the
time limited for the commencement of an action therefor against his
executor or administrator.
[1911 CPA § 36; RL § 4978; NCL § 8535]
When a
person shall be an alien subject, or citizen of a country at war with the
United States, the time of the continuance of the war shall not be a part
of the period limited for the commencement of the action; but nothing in
this section shall be so construed as to consider any citizen or person
of any state engaged in rebellion against the United States Government as
an alien.
[1911 CPA § 37; RL § 4979; NCL § 8536]
If an action shall be commenced within the time prescribed
therefor, and a judgment therein for the plaintiff be reversed on appeal,
the plaintiff, or if he die and the cause of action survive, his heirs or
representatives, may commence a new action within 1 year after the
reversal.
[1911 CPA § 38; RL § 4980; NCL § 8537]
When the commencement of
one action shall be stayed by injunction or statutory prohibition, the
time of the continuance of the injunction or prohibition shall not be
part of the time limited for the commencement of the action.
[1911 CPA § 39; RL § 4981; NCL § 8538]
No
person shall avail himself of a disability, unless it existed when his
right of action accrued.
[1911 CPA § 40; RL § 4982; NCL § 8539]
When two or
more disabilities coexist, at the time the right of action accrues, the
limitation shall not attach until they all be removed.
[1911 CPA § 41; RL § 4983; NCL § 8540]
The preceding sections of this chapter shall not affect
actions against directors or stockholders of a corporation to recover a
penalty or forfeiture imposed or to enforce a liability created by law;
but such actions must be brought within 3 years after the discovery, by
the aggrieved party, of the facts upon which the penalty or forfeiture
attached, or the liability was created.
[1911 CPA § 42; RL § 4984; NCL § 8541]
No acknowledgment or promise shall be sufficient evidence of
a new or continuing contract whereby to take the case out of the
operation of this chapter, unless the same be contained in some writing
signed by the party to be charged thereby, except as provided in NRS
11.200 .
[1911 CPA § 43; RL § 4985; NCL § 8542]
RECOMMENCEMENT OF CERTAIN ACTIONS
1. Notwithstanding any other provision of law, and except as
otherwise provided in this section, if an action that is commenced within
the applicable period of limitations is dismissed because the court
lacked jurisdiction over the subject matter of the action, the action may
be recommenced in the court having jurisdiction within:
(a) The applicable period of limitations; or
(b) Ninety days after the action is dismissed,
Ê whichever is later.
2. An action may be recommenced only one time pursuant to
paragraph (b) of subsection 1.
3. An action may not be recommenced pursuant to paragraph (b) of
subsection 1 more than 5 years after the date on which the original
action was commenced.
4. Paragraph (b) of subsection 1 does not apply to a contract that
is subject to the provisions of chapter 104
of NRS.
(Added to NRS by 2003, 2134 ; A 2005, 247 )
