Title 5, PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD

5-205. EFFECT OF ENTRY. No entry upon real estate is deemed sufficient or valid as a claim unless an action be commenced thereupon within one (1) year after making such entry, and within five (5) years of the time when the right to make it descended or accrued.

5-206. CONSTRUCTIVE POSSESSION. In every action for the recovery of real property, or the possession thereof, a person establishing a legal title to the property is presumed to have been possessed thereof within the time required by law, and the occupation of the property by anot…

5-207. POSSESSION UNDER WRITTEN CLAIM OF TITLE. When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right, founding such claim upon a written instrument, as being a conveyance of th…

5-208. CLAIM UNDER WRITTEN INSTRUMENT -- POSSESSION DEFINED. (1) Except as provided in subsection (2) of this section, for the purpose of constituting an adverse possession by a person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed to …

5-209. POSSESSION UNDER ORAL CLAIM OF TITLE. Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land so actually occupied, and no oth…

5-210. ORAL CLAIM -- POSSESSION DEFINED -- PAYMENT OF TAXES. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only…

5-211. POSSESSION OF TENANT -- PRESUMPTIONS. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of twenty (20) years from the termination of the tenancy, or, where th…

5-212. DESCENT CAST DOES NOT AFFECT RIGHT. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property.

5-213. PERSONS UNDER DISABILITIES -- RECOVERY OF REAL PROPERTY. 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 servi…

5-214. ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY. The periods prescribed for the commencement of actions other than for the recovery of real property are as follows.

5-214A. ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY. An action for the foreclosure of a mortgage on real property must be commenced within five (5) years from the maturity date of the obligation or indebtedness secured by such mortgage. If the obligation or indebtedness secured…

5-215. ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY. Within eleven (11) years: (1) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States. (2) An action for mesne profits of real property.

5-216. ACTION ON WRITTEN CONTRACT. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing. The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall neve…

5-217. ACTION ON ORAL CONTRACT. Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.

5-218. STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD. Within three (3) years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a suret…

5-219. ACTIONS AGAINST OFFICERS, FOR PENALTIES, ON BONDS, AND FOR PROFESSIONAL MALPRACTICE OR FOR PERSONAL INJURIES. Within two (2) years: 1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in vir…

5-220. ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS. Within one (1) year: An action against an officer or officer de facto: To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity as tax collector, or to recover the price or valu…

5-221. ACTIONS ON CLAIMS AGAINST COUNTY. Actions on claims against a county which have been rejected by the board of commissioners must be commenced within six (6) months after the first rejection thereof by such board.

5-222. ACTIONS ON OPEN ACCOUNTS -- ACCRUAL OF CAUSE. 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 is deemed to have accrued from the time of the last item p…

5-223. ACTIONS TO RECOVER DEPOSITS -- COMMENCEMENT OF LIMITATION. To actions brought to recover money or property deposited with any bank, banker, trust company or saving and loan society, no limitation begins to run until after an authorized demand.

5-224. ACTIONS FOR OTHER RELIEF. An action for relief not hereinbefore provided for must be commenced within four (4) years after the cause of action shall have accrued.

5-225. LIMITATIONS APPLY TO STATE. The limitations prescribed in this chapter 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 parties.

5-226. ACTION TO REDEEM MORTGAGE. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they hav…

5-227. PARTIAL REDEMPTION. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this title, any one of them who is entitled to maintain such an action may red…

5-228. ACTION, WHEN COMMENCED. An action is commenced within the meaning of the chapter when the complaint is filed.

5-228A. TIME LIMITATION -- CLOSURE OF THE OFFICE OF THE CLERK -- EXTENSION OF TIME. Whenever, pursuant to an Idaho statute, the final day to commence an action or file a document with a court falls on a day that the office of the clerk of the district court is usually open for th…

5-229. ABSENCE OF DEFENDANT FROM STATE. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, …

5-230. PERSONS UNDER DISABILITIES -- OTHER THAN FOR REAL PROPERTY. 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. Under the age of majority; or 2. Insane. The time of such disability i…

5-232. ALIENS IN TIME OF WAR. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.

5-233. REVERSAL OF JUDGMENT -- NEW ACTION. If an action is 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 representatives, may commence a new action wit…

5-234. ACTION STAYED BY INJUNCTION OR STATUTE. When the commencement of an action is stayed by injunction or statutory prohibition the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.

5-235. WHEN DISABILITY MUST EXIST. No person can avail himself of a disability unless it existed when his right of action accrued.

5-236. COEXISTING DISABILITIES. When two (2) or more disabilities coexist at the time the right of action accrues the limitation does not attach until they are removed.

5-237. ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS. This chapter does 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 three (3) years…

5-238. ACKNOWLEDGMENT OR NEW PROMISE -- EFFECT ON OPERATION OF STATUTE -- EFFECT OF PARTIAL PAYMENT. No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in…

5-239. ACTIONS BARRED IN ANOTHER STATE. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be …

5-240. "ACTION" INCLUDES SPECIAL PROCEEDING. The word "action" as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.

5-241. ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the de…

5-242. IONIZING RADIATION INJURIES -- PURPOSE OF ACT. For purposes of this act, "ionizing radiation" means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter; provided, however, that the provisions hereof an…

5-243. LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES. No action or proceeding may be brought to recover for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffe…

5-244. LATENT INJURY -- EFFECT OF PRIOR RECOVERY. No action or proceeding to recover for latent ionizing radiation damage shall be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding shall actually have been awarded dam…

5-245. ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES. An action or proceeding to collect child support arrearages, arising under an Idaho child support order, can be commenced at any time prior to the expiration of the resulting judgment or any renewal thereof. An action or proceed…

5-246. PRESCRIPTIVE OVERFLOW EASEMENTS. In conformity with the limitations of actions time period set forth in sections 5-203 through 5-206, Idaho Code, the owner of a dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement over real property which has …

5-247. LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER -- LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES. (1) In this section, "governmental unit" means: (a) A political subdivision of the state, including a municipality or cou…

5-248. VICTIMS OF CRIMES. (1) For the purpose of any civil action or proceeding brought by a victim of a crime against an offender who committed the crime, for any losses incurred by the victim, which loss was proximately caused by the crime, the limitation periods prescribed by …

5-302. ASSIGNMENT OF THING IN ACTION. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any setoff, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable i…