[Rev. 2/10/2015 3:57:22
PM--2014R2]
CHAPTER 11 - LIMITATION OF ACTIONS
GENERAL PROVISIONS
NRS 11.010 Commencement
of civil actions.
NRS 11.020 Effect
of laws of limitation of other states or countries.
REAL PROPERTY
NRS 11.030 When
action cannot be brought by grantee from this State.
NRS 11.040 When
actions by State or its grantees are to be brought within 7 years.
NRS 11.060 Action
for recovery of mining claims: Occupation and possession; other applicable
provisions.
NRS 11.070 No
cause of action effectual unless party or predecessor seized or possessed
within 5 years.
NRS 11.080 Seisin
within 5 years; when necessary in action for real property.
NRS 11.090 Peaceable
entry; when not valid as claim.
NRS 11.100 Possession
presumed in legal owner unless adversely held.
NRS 11.110 Occupation
under written instrument or judgment; when deemed adverse.
NRS 11.120 What
constitutes adverse possession under written instrument or judgment.
NRS 11.130 Premises
actually occupied under claim of title deemed to be held adversely.
NRS 11.140 What
constitutes adverse possession under claim of title not founded on written
instrument.
NRS 11.150 Additional
requirements for adverse possession: Occupation continuously for 5 years;
payment of taxes.
NRS 11.160 Relation
of landlord and tenant as affecting adverse possession.
NRS 11.170 Right
of possession not affected by descent cast.
NRS 11.180 Certain
disabilities excluded from time to commence actions.
ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY
NRS 11.190 Periods
of limitation.
NRS 11.200 Computation
of time.
NRS 11.202 Actions
for damages for injury or wrongful death caused by deficiency in construction
of improvements to real property: Deficiencies resulting from willful
misconduct; fraudulently concealed deficiencies.
NRS 11.203 Actions
for damages for injury or wrongful death caused by deficiency in construction
of improvements to real property: Known deficiencies.
NRS 11.204 Actions
for damages for injury or wrongful death caused by deficiency in construction
of improvements to real property: Latent deficiencies.
NRS 11.205 Actions
for damages for injury or wrongful death caused by deficiency in construction
of improvements to real property: Patent deficiencies.
NRS 11.2055 Actions
for damages for injury or wrongful death caused by deficiency in construction
of improvements to real property: Determination of date of substantial
completion of improvement to real property.
NRS 11.206 Actions
for damages for injury or wrongful death caused by deficiency in construction
of improvements to real property: Limitation of actions not a defense in
actions based on liability as innkeeper or for defect in product.
NRS 11.207 Malpractice
actions against attorneys and veterinarians.
NRS 11.2075 Malpractice
actions against accountants.
NRS 11.208 Action
by contractor against Department of Transportation upon contract for
construction, reconstruction, improvement or maintenance of highway.
NRS 11.209 Actions
against principal contractors by employees of subcontractors for wages or
benefits.
NRS 11.2095 Action
to recover payment for money owed to hospital.
NRS 11.210 Mutual
open accounts; accrual of cause of action.
NRS 11.215 Actions
for damages for injury arising from sexual abuse of minor; exception for
actions involving injury arising from appearance of minor in pornography.
NRS 11.220 Action
for relief not otherwise provided for.
NRS 11.250 Disabilities
preventing running of statute.
ACTIONS BY OR ON BEHALF OF THIS STATE
NRS 11.255 Actions
by or on behalf of this State.
REQUIREMENTS FOR ACTIONS INVOLVING NONRESIDENTIAL CONSTRUCTION
AGAINST DESIGN PROFESSIONALS
NRS 11.256 Definitions.
NRS 11.2565 “Action
involving nonresidential construction” defined.
NRS 11.257 “Complainant”
defined.
NRS 11.258 Attorney
required to consult expert; required affidavit of attorney; required report of
expert.
NRS 11.259 Effect
of compliance with or failure to comply with NRS 11.258.
MISCELLANEOUS LIMITATIONS
NRS 11.260 Action
to recover estate sold by guardian.
NRS 11.270 Action
to recover estate sold by executor or administrator.
NRS 11.275 Action
against estate for which letters of administration have not been issued.
NRS 11.280 Legal
disability prevents running of statute.
NRS 11.290 No
limitation of action for deposit of money or property; exception.
NRS 11.300 Absence
from State suspends running of statute.
NRS 11.310 Death
of person entitled to bring action before limitation expires; death of person
against whom an action may be brought.
NRS 11.320 Statute
suspended when person against whom cause of action exists dies out of State.
NRS 11.330 Action
by enemy alien; war suspends limitation.
NRS 11.340 Reversal
of judgment; new action to be brought within 1 year.
NRS 11.350 Action
stayed by injunction.
NRS 11.360 Disability
must exist when right of action accrued.
NRS 11.370 Coexisting
disabilities must be removed.
NRS 11.380 Actions
against directors or stockholders of corporations.
NRS 11.390 Acknowledgment
or new promise must be in writing; exception.
RECOMMENCEMENT OF CERTAIN ACTIONS
NRS 11.500 Recommencement
of actions dismissed for lack of subject matter jurisdiction.
_________
_________
GENERAL PROVISIONS
NRS 11.010 Commencement of civil 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]
NRS 11.020 Effect of laws of limitation of other states or countries. 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 the person 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
NRS 11.030 When action cannot be brought by grantee from this State. 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]
NRS 11.040 When actions by State or its grantees are to be brought within 7
years. 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 or her heirs or assigns, within 7 years after
such determination, but not after that period.
[1911 CPA § 7; RL § 4949; NCL § 8506]
NRS 11.060 Action for recovery of mining claims: Occupation and possession;
other applicable provisions.
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 the
plaintiff 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]
NRS 11.070 No cause of action effectual unless party or predecessor seized
or possessed within 5 years. 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]
NRS 11.080 Seisin within 5 years; when necessary in action for real
property. 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
or the plaintiff’s 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]
NRS 11.090 Peaceable entry; when not valid as claim. 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]
NRS 11.100 Possession presumed in legal owner unless adversely held. 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]
NRS 11.110 Occupation under written instrument or judgment; when deemed
adverse. Whenever it shall appear
that the occupant, or those under whom the occupant 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]
NRS 11.120 What constitutes adverse possession under written instrument or
judgment. 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]
NRS 11.130 Premises actually occupied under claim of title deemed to be
held adversely. 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]
NRS 11.140 What constitutes adverse possession under claim of title not
founded on written instrument. 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]
NRS 11.150 Additional requirements for adverse possession: Occupation
continuously for 5 years; payment of taxes. 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)
NRS 11.160 Relation of landlord and tenant as affecting adverse possession. 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 the landlord. But such presumptions shall not be
made after the periods herein limited.
[1911 CPA § 19; RL § 4961; NCL § 8518]
NRS 11.170 Right of possession not affected by descent cast. 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]
NRS 11.180 Certain disabilities excluded from time to commence actions. 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
NRS 11.190 Periods of limitation. Except
as otherwise provided in NRS 40.4639, 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 the owner’s
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 or other lender 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 or other
lender 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 or her official capacity and
in virtue of his or her 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.
(f) An action to recover damages under NRS 41.740.
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 or her 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 or her 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; 2007, 742, 2472, 2848; 2011, 1745;
2013, 1027)
NRS 11.200 Computation of time. 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]
NRS 11.202 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property: Deficiencies
resulting from willful misconduct; fraudulently concealed deficiencies.
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 or her willful misconduct or which he or
she 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 lodging house in this State on account of his or
her liability as an innkeeper.
(b) Any person on account of a defect in a
product.
(Added to NRS by 1983, 1238)
NRS 11.203 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property: Known
deficiencies.
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 or her;
(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)
NRS 11.204 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property: Latent
deficiencies.
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)
NRS 11.205 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property: Patent
deficiencies.
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)
NRS 11.2055 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property: Determination of
date of substantial completion of improvement to real property.
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)
NRS 11.206 Actions for damages for injury or wrongful death caused by
deficiency in construction of improvements to real property: Limitation of
actions not a defense in actions based on liability as innkeeper or for defect
in product. 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 lodging house in this State on account of
his or her liability as an innkeeper.
2. Any person on account of a defect in a
product.
(Added to NRS by 1983, 1238)
NRS 11.207 Malpractice actions against attorneys and veterinarians.
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 the attorney or veterinarian.
(Added to NRS by 1981, 1023; A 1997, 478)
NRS 11.2075 Malpractice actions against accountants.
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 the accountant 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)
NRS 11.208 Action by contractor against Department of Transportation upon
contract for construction, reconstruction, improvement or maintenance of
highway. 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)
NRS 11.209 Actions against principal contractors by employees of
subcontractors for wages or benefits.
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 account of the
employee 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)
NRS 11.2095 Action to recover payment for money owed to hospital.
1. Except as otherwise provided in this
section, an action against a person to recover payment for any amount owed to a
hospital for hospital care provided to the person at the hospital must be
commenced not later than 4 years after the date on which any payment that is
due for the services is not paid.
2. The period provided in subsection 1 is
tolled during any periods in which the hospital is awaiting a determination concerning
eligibility for, or the amount of, benefits from an insurer or public program
and during any periods in which payments are being made.
3. As used in this section, “hospital
care” has the meaning ascribed to it in NRS
428.155.
(Added to NRS by 2007, 1498)
NRS 11.210 Mutual open accounts; accrual of cause of action. 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]
NRS 11.215 Actions for damages for injury arising from sexual abuse of
minor; exception for actions involving injury arising from appearance of minor
in pornography.
1. Except as otherwise provided in
subsection 2 and 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 or her injury was caused by the sexual abuse,
Ê whichever
occurs later.
2. An action to recover damages pursuant
to NRS 41.1396 must be commenced
within 3 years after the occurrence of the following, whichever is later:
(a) The court enters a verdict in a related
criminal case; or
(b) The victim reaches the age of 18 years.
3. 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; 2009, 2663)
NRS 11.220 Action for relief not otherwise provided for. 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]
NRS 11.250 Disabilities preventing running of statute. 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
NRS 11.255 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)
REQUIREMENTS FOR ACTIONS INVOLVING NONRESIDENTIAL
CONSTRUCTION AGAINST DESIGN PROFESSIONALS
NRS 11.256 Definitions. As
used in NRS 11.256 to 11.259,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 11.2565 and 11.257
have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 646)
NRS 11.2565 “Action involving nonresidential construction” defined.
1. “Action involving nonresidential
construction” means an action that:
(a) Is commenced against a design professional;
and
(b) Involves the design, construction,
manufacture, repair or landscaping of a nonresidential building or structure,
of an alteration of or addition to an existing nonresidential building or
structure, or of an appurtenance, including, without limitation, the design,
construction, manufacture, repair or landscaping of a new nonresidential
building or structure, of an alteration of or addition to an existing
nonresidential building or structure, or of an appurtenance.
Ê The term
includes, without limitation, an action for professional negligence.
2. As used in this section:
(a) “Appurtenance” means a structure,
installation, facility, amenity or other improvement that is appurtenant to or
benefits one or more nonresidential buildings or structures, but is not a part
of the nonresidential building or structure. The term includes, without
limitation, the parcel of real property, recreational facilities, walls,
sidewalks, driveways, landscaping and other structures, installations,
facilities and amenities associated with or benefiting one or more nonresidential
buildings or structures.
(b) “Design professional” means a person who
holds a professional license or certificate issued pursuant to chapter 623, 623A
or 625 of NRS or a person primarily engaged
in the practice of professional engineering, land surveying, architecture or
landscape architecture.
(Added to NRS by 2007, 646)
NRS 11.257 “Complainant” defined. “Complainant”
means a person who files an action involving nonresidential construction.
(Added to NRS by 2007, 647)
NRS 11.258 Attorney required to consult expert; required affidavit of
attorney; required report of expert.
1. Except as otherwise provided in
subsection 2, in an action involving nonresidential construction, the attorney
for the complainant shall file an affidavit with the court concurrently with
the service of the first pleading in the action stating that the attorney:
(a) Has reviewed the facts of the case;
(b) Has consulted with an expert;
(c) Reasonably believes the expert who was
consulted is knowledgeable in the relevant discipline involved in the action;
and
(d) Has concluded on the basis of the review and
the consultation with the expert that the action has a reasonable basis in law
and fact.
2. The attorney for the complainant may
file the affidavit required pursuant to subsection 1 at a later time if the
attorney could not consult with an expert and prepare the affidavit before
filing the action without causing the action to be impaired or barred by the
statute of limitations or repose, or other limitations prescribed by law. If
the attorney must submit the affidavit late, the attorney shall file an
affidavit concurrently with the service of the first pleading in the action
stating the reason for failing to comply with subsection 1 and the attorney
shall consult with an expert and file the affidavit required pursuant to subsection
1 not later than 45 days after filing the action.
3. In addition to the statement included
in the affidavit pursuant to subsection 1, a report must be attached to the
affidavit. Except as otherwise provided in subsection 4, the report must be
prepared by the expert consulted by the attorney and must include, without
limitation:
(a) The resume of the expert;
(b) A statement that the expert is experienced in
each discipline which is the subject of the report;
(c) A copy of each nonprivileged document
reviewed by the expert in preparing the report, including, without limitation,
each record, report and related document that the expert has determined is
relevant to the allegations of negligent conduct that are the basis for the
action;
(d) The conclusions of the expert and the basis
for the conclusions; and
(e) A statement that the expert has concluded
that there is a reasonable basis for filing the action.
4. In an action in which an affidavit is
required to be filed pursuant to subsection 1:
(a) The report required pursuant to subsection 3
is not required to include the information set forth in paragraphs (c) and (d)
of subsection 3 if the complainant or the complainant’s attorney files an
affidavit, at the time that the affidavit is filed pursuant to subsection 1,
stating that he or she made reasonable efforts to obtain the nonprivileged
documents described in paragraph (c) of subsection 3, but was unable to obtain
such documents before filing the action;
(b) The complainant or the complainant’s attorney
shall amend the report required pursuant to subsection 3 to include any
documents and information required pursuant to paragraph (c) or (d) of
subsection 3 as soon as reasonably practicable after receiving the document or
information; and
(c) The court may dismiss the action if the
complainant and the complainant’s attorney fail to comply with the requirements
of paragraph (b).
5. An expert consulted by an attorney to
prepare an affidavit pursuant to this section must not be a party to the action.
6. As used in this section, “expert” means
a person who is licensed in a state to engage in the practice of professional
engineering, land surveying, architecture or landscape architecture.
(Added to NRS by 2007, 647)
NRS 11.259 Effect of compliance with or failure to comply with NRS
11.258.
1. The court shall dismiss an action
involving nonresidential construction if the attorney for the complainant fails
to:
(a) File an affidavit required pursuant to NRS 11.258;
(b) File a report required pursuant to subsection
3 of NRS 11.258; or
(c) Name the expert consulted in the affidavit
required pursuant to subsection 1 of NRS 11.258.
2. The fact that an attorney for a
complainant has complied or failed to comply with the provisions of NRS 11.256 to 11.259,
inclusive, is admissible in the action.
(Added to NRS by 2007, 648)
MISCELLANEOUS LIMITATIONS
NRS 11.260 Action to recover estate sold by guardian. No action for the recovery of any estate sold
by a guardian can be maintained by the ward, or by any person claiming under
the ward, unless it is commenced within 3 years next after the termination of
the guardianship.
[1911 CPA § 21; RL § 4963; NCL § 8520]
NRS 11.270 Action to recover estate sold by executor or administrator. 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]
NRS 11.275 Action against estate for which letters of administration have
not been issued.
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 11.280 Legal disability prevents running of statute. 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]
NRS 11.290 No limitation of action for deposit of money or property;
exception. 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)
NRS 11.300 Absence from State suspends running of statute. If, when the cause of action shall accrue
against a person, the person is out of the State, the action may be commenced
within the time herein limited after the person’s return to the State; and if
after the cause of action shall have accrued the person departs from the State,
the time of the absence shall not be part of the time prescribed for the
commencement of the action.
[1911 CPA § 33; RL § 4975; NCL § 8532]
NRS 11.310 Death of person entitled to bring action before limitation
expires; death of person against whom an action may be brought.
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 the
person’s representatives, after the expiration of that time, and within 1 year
from the person’s 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
the person’s 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 the debts of the deceased person 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]
NRS 11.320 Statute suspended when person against whom cause of action
exists dies out of State. If a
person against whom a cause of action exists dies without the State, the time
which elapses between the person’s 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 the person’s executor or administrator.
[1911 CPA § 36; RL § 4978; NCL § 8535]
NRS 11.330 Action by enemy alien; war suspends limitation. 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]
NRS 11.340 Reversal of judgment; new action to be brought within 1 year. 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 the plaintiff dies and the cause of action
survives, the plaintiff’s heirs or representatives, may commence a new action
within 1 year after the reversal.
[1911 CPA § 38; RL § 4980; NCL § 8537]
NRS 11.350 Action stayed by injunction. 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]
NRS 11.360 Disability must exist when right of action accrued. No person shall avail himself or herself of a
disability, unless it existed when his or her right of action accrued.
[1911 CPA § 40; RL § 4982; NCL § 8539]
NRS 11.370 Coexisting disabilities must be removed. 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]
NRS 11.380 Actions against directors or stockholders of corporations. 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]
NRS 11.390 Acknowledgment or new promise must be in writing; exception. 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
NRS 11.500 Recommencement of actions dismissed for lack of subject matter
jurisdiction.
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)
