Title 12, Courts and Civil Proceedings

When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be …

A. A person absenting himself from the place of his last domicile for five years successively shall be presumed dead in any action wherein his death comes in question, unless proof is made that he was alive within that time. B. Except as otherwise provided in section 14-3412, if …

Except as provided in section 12-529, the state shall not be barred by the limitations of actions prescribed in this chapter.

A. Notwithstanding sections 12-505 and 12-542, if a defendant is charged by a criminal complaint or indictment the statute of limitations for any civil cause of action that is brought by a victim against the defendant for criminal conduct against the victim is extended for one ye…

A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state.

A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages based on the commission against the plaintiff of an act in violation of section 13-1214 or 13-3620 if the violation involved the failure to report unlawful mutilation shall be commenced n…

A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age and not afterward: 1. An injury that a minor suffers as a…

A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a person or provider that acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor or the public from injury from the public heal…

A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be cause…

A. In this article, unless the context otherwise requires: 1. "Adverse possession" means an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another. 2. "Peaceable possession" means possessi…

When a party in possession claims real property by right of possession only, actions to recover possession from him shall be commenced within two years after the cause of action accrues and not afterward. In such actions defendant is not required to show title or color of title f…

A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward. B. "Title" means a regular chain of transfer from or under sovereignty…

A. An action to recover real property from a person in peaceable and adverse possession, and cultivating, using or enjoying the property, and paying taxes thereon, and claiming under a deed or deeds duly recorded, shall be commenced within five years after the cause of action acc…

A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceable and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action a…

When an action for recovery of real property is barred by any provision of this article, the person who pleads and is entitled to the bar shall be held to have full title precluding all claims.

A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of suc…

Any action brought by this state or any person claiming through this state for lands, or for the rents or profits from lands, based on a claim of navigability of any watercourse, as defined in section 37-1101, except the Colorado River, is subject to all legal and equitable defen…

A homeowner who has a cause of action for damages against a home inspector who is certified pursuant to title 32, chapter 1 shall commence the action within four years after the cause of action accrues.

A. A person who has a cause of action for damages against a real estate appraiser for malpractice, negligence, an error, a mistake, an omission or a breach in connection with a real estate appraisal or an appraisal-related service, whether based in contract or tort, shall commenc…

There shall be commenced and prosecuted within one year after the cause of action accrues, and not afterward, the following actions: 1. For malicious prosecution, or for false imprisonment, or for injuries done to the character or reputation of another by libel or slander. 2. For…

Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined i…

There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions: 1. For debt where the indebtedness is not evidenced by a contract in writing. 2. Upon stated or open accounts other than such mutual and current…

There shall be commenced and prosecuted within four years after the cause of action accrues, and not afterward, the following actions: 1. For the penalty or for damages on the penal clause of a bond to convey real property. 2. By one partner against his copartner for a settlement…

An action on the bond of an executor, administrator or guardian shall be commenced and prosecuted within four years after the death, resignation, removal or discharge of such executor, administrator or guardian, and not afterward.

An action for specific performance of a contract for the conveyance of real property shall be commenced within four years after the cause of action accrues, and not afterward.

When execution has issued and no return is made thereon, the party in whose favor the execution was issued may proceed against the sheriff or other officer and his sureties for not making return within five years from the day on which it was returnable, and not afterward.

A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following: 1. A contract in writing that is executed in this state. 2. A credit card as d…

An action upon a judgment or decree rendered in another state or foreign country shall be barred if by the laws of such state or country such action would there be barred and the judgment or decree is incapable of being otherwise enforced there.

Actions other than for recovery of real property for which no limitation is otherwise prescribed shall be brought within four years after the cause of action accrues, and not afterward.

A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the produc…

A. Notwithstanding any other statute, an action or arbitration based in contract may not be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, …

A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if: 1. The person has taken control of the equine from the owner or agent when the injury…

A. An owner is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless the owner either: 1. Does not provide protective seating that is reasonably sufficient to satisfy expected requests. 2.…

A. An insurer is not liable for uninsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the uninsured motorist portion of a motor vehicle policy within three years after the dat…

A. A person who operates a closed-course motor sport facility may require a nongeneral spectator to sign a motor sport liability release form as a condition of admission into any nongeneral spectator area of the facility. A person or entity that owns, leases or operates a closed-…

A. A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury. B. This section does not establish or increase the liability of…

A. A space flight entity may enter into a liability release agreement with a space flight participant or crew to limit the entity's civil liability for a space flight participant's or crew's injury that arises out of space flight activities. B. The liability release agreement is …

A. Notwithstanding any other law, the otherwise lawful discharge of a firearm or air gun or the use of archery equipment may not be enjoined except by: 1. An action maintained by the attorney general to abate a public nuisance pursuant to section 13-2917. 2. A private nuisance ca…

A. A person who uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal is not liable for any damages in a civil action if all of the following apply: 1. The person has a good faith belief that the minor or confined domes…

A. An employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense. B. In a negligent hiring action that is filed against an employer for the acts of an employee or independent contractor and t…

A. A commercial river outfitter does not have a duty to alter, eliminate, control or decrease the inherent risks of participating in a river trip in Grand Canyon national park. The inherent risks of a river trip may be contractually identified by the commercial river outfitter an…

In this article, unless the context otherwise requires: 1. "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos including: (a) The health effects …

A. Except as provided in subsection B of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The s…

A. To determine the limitation pursuant to section 12-559.01, a successor corporation may establish the fair market value of total gross assets through any method reasonable under the circumstances, including either of the following: 1. By reference to the going concern value of …

A. Except as provided in subsections B, C and D of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following: 1. The prime rate as listed in the first edition of the wal…

A. A person who desires to change the person's name and to adopt another name may file an application in the superior court in the county of the person's residence, setting forth reasons for the change of name and the name the person wishes to adopt. The court may enter judgment …