Title XXXVI, Statutory Actions and Limitations
4 chapters · 170 sections in this title.
KRS § 411.630 Stay of discovery and other proceedings during pendency of motion to dismiss -- Exceptions -- Treatment of documents and other tangible objects during pendency of stay of discovery
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dismiss -- Exceptions -- Treatment of documents and other tangible objects during pendency of stay of discovery. In any action exempted under KRS 411.610, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon …
KRS § 411.640 Affected claims
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The provisions of KRS 411.600 to 411.640 shall apply to all covered claims pending on June 20, 2005, and all claims filed thereafter, regardless of when the claim arose.
KRS § 412.010 Survival of liability of joint obligor -- Right of contribution
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(1) If any person jointly bound with another in any contract, or by judgment, dies in the lifetime of the other obligor, his heir, devisee, or representative may be charged in the same manner as if the contract or judgment had been separate as against the decedent. (2) The same r…
KRS § 412.020 Extent of recovery in contribution is the same at law as in equity
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The extent of recovery, in cases of contribution, shall be the same in a court of law that it is in a court of equity.
KRS § 412.030 Contribution among negligent wrongdoers
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Contribution among wrongdoers may be enforced where the wrong is a mere act of negligence and involves no moral turpitude.
KRS § 412.040 Effect of insolvency or nonresidence on right of contribution
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The insolvency or nonresidence of any person liable to contribution shall affect the rights of the others in like manner as the insolvency of one (1) obligor affects the others.
KRS § 412.050 Contribution among persons in trust or official capacity
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Contribution shall take place between all persons jointly liable, by civil action, for any act or omission in a trust or official capacity.
KRS § 412.060 Interest
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In all cases of contribution, interest shall be allowed from the time the right accrues.
KRS § 412.070 Compensation of party pressing claims in common interest for others -- Notice to interested persons
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Notice to interested persons. (1) In actions for the settlement of estates, or for the recovery of money or property held in joint tenancy, coparcenary, or as tenants in common, or for the recovery of money or property which has been illegally or improperly collected, withheld or…
KRS § 412.080 Action by surety who pays, against principal -- Against cosurety
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If a surety pays any part of a debt or liability for which he is bound as surety, he may recover the amount, with interest from time of payment, from the principal by action at law or by motion, after ten (10) days' notice in writing. He may also sue a cosurety, separately or as …
KRS § 412.090 Assignment of right of action to surety paying judgment
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If the surety pays any part of a judgment he shall have a right to an assignment of the judgment from the plaintiff or the plaintiff's attorney, in whole or in part. When the plaintiff has been fully satisfied, the assignment shall give the surety the right to sue out or use any …
KRS § 412.100 Rights of co-obligors and cocontractors
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Co-obligors and cocontractors shall, as between each other, have the full benefit of KRS 412.080 and 412.090 as if they were cosureties.
KRS § 412.110 Person jointly liable may require suit or execution issued -- Notice
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A surety, co-obligor, or cocontractor, or one (1) of several defendants to a judgment may, by notice in writing served in person within the state on the creditor or plaintiff, or, if the plaintiff is a nonresident or absent from the place of his residence for the period of thirty…
KRS § 412.120 Release of surety on bond for delay in execution
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If the plaintiff in any bond having the force of a judgment fails, at any time for the space of a year during which he is entitled to have execution, to issue execution and in good faith prosecute the collection, the surety in the bond shall be released from all liability. Any ex…
KRS § 412.130 Release of surety on lost or destroyed judgment or bond
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No surety shall be released from his obligation on any lost or destroyed judgment, or bond having the force of a judgment, because of any failure to sue out execution thereon for twelve months, unless the failure was for twelve months after the reentry of judgment or order of exe…
KRS § 412.140 Action by surety against principal or cosurety after maturity of debt
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After the maturity of a debt or liability, an equitable action may be brought by a surety against his principal to compel payment of it, or by one who is jointly liable therefor with another to compel him to pay so much of it as he may be equitably liable for as between him and t…
KRS § 412.150 Creditor to be made defendant -- Provisional remedies allowed
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(1) The creditor must be made defendant to an action brought pursuant to KRS 412.140, but shall not be liable for costs. (2) The provisions of KRS 425.301 to 425.316 and KRS 425.501 to 425.526 shall apply to such action.
KRS § 412.160 Proceedings against surety after bankruptcy of principal
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In an action for the recovery of money in which the defendant may have given bond with sureties, or for whom sureties may have given bond, pursuant to the provisions of subsection (1) of KRS 425.116; or in which an appellant may have given bond with sureties, or for whom sureties…
KRS § 413.010 Action for recovery of real property -- Fifteen year limitation
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Subject to KRS 411.190(8), an action for the recovery of real property may be brought only within fifteen (15) years after the right to institute it first accrued to the plaintiff, or to the person through whom he claims.
KRS § 413.020 Action for recovery of real property -- Plaintiff under disability
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If, at the time the right of any person to bring an action for the recovery of real property first accrued, he was an infant or of unsound mind, he or the person claiming through him may, though the period of fifteen (15) years has expired, bring the action within three (3) years…
KRS § 413.030 Action for recovery of real property -- Extension for disability limited -- No extension past thirty years
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No extension past thirty years. (1) The time within which an action for the recovery of real property may be brought shall not be extended by reason of any disability that did not exist when the right to bring the action first accrued, nor by reason of any disability of the heirs…
KRS § 413.040 Claim not to preserve right of action
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No continual claim upon or near real property shall preserve a right to bring an action.
KRS § 413.050 Limitation on action by city on public easement -- On action for possession of public road -- Effect of notice
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of public road -- Effect of notice. (1) The limitations mentioned in KRS 413.010 to 413.040 shall not begin to run in respect to actions by a city for the recovery of any part of any street, alley or other public easement or the use thereof in the city, until the legislative body…
KRS § 413.060 Person holding land under adverse title for seven years -- Extension for disability
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disability. (1) No action shall be brought under or by virtue of an adverse, interfering entry, survey or patent to recover the title or possession of land from an occupant if he, or the person under whom he claims, has a connected title thereto in law or equity, deducible of rec…
KRS § 413.070 Action upon equity of redemption in real property
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After a mortgagee of real property or any person claiming under him has had fifteen (15) years' continued adverse possession, no action shall be brought by the mortgagor or anyone claiming under him to redeem the property.
KRS § 413.072 Relationship of agricultural and silvicultural operations to law of nuisance and trespass -- Preemption of local ordinances -- Sustainable agriculture and best management practices
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and trespass -- Preemption of local ordinances -- Sustainable agriculture and best management practices. (1) It is the declared policy of the Commonwealth to conserve, protect, and encourage the development and improvement of its agricultural land and silvicultural land for the p…
KRS § 413.080 Action upon equity of redemption in personal property
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After a mortgagee of personal property or any person claiming under him has had five (5) years' continued adverse possession, no action shall be brought by the mortgagor or any person claiming under him to redeem the property.
KRS § 413.090 Action upon judgment, contract, or bond -- Fifteen-year limitation -- Action for child support arrearages -- Time to commence action tolled until obligations cease as to last child on order
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Action for child support arrearages -- Time to commence action tolled until obligations cease as to last child on order. Except as provided in KRS 396.205, 413.110, 413.220, 413.230 and 413.240, the following actions shall be commenced within fifteen (15) years after the cause of…
KRS § 413.100 Lienee not to extend limitation as against purchasers or creditors -- Exceptions
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Exceptions. (1) No promise, acknowledgment, or payment of money by any person bound on any bond or obligation for the payment of money secured by a lien shall operate as an extension of the time within which the lien may be enforced as against purchasers or creditors, unless, bef…
KRS § 413.110 Action against county on bonded obligation -- Three year limitation -- Action on state warrant -- Two year limitation
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Action on state warrant -- Two year limitation. (1) A cause of action existing against a county by virtue of its bonded obligation for the payment of money, after the county has in good faith offered to redeem the obligations that have matured by the payment in full of all princi…
KRS § 413.115 Actions to be brought within three years
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The following actions shall be commenced within three (3) years after the cause of action accrued: (1) An action against an employer for wrongful discharge in violation of public policy; and (2) An action for a violation of KRS 344.030 to 344.110 or 344.372.
KRS § 413.120 Actions to be brought within five years
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The following actions shall be commenced within five (5) years after the cause of action accrued: (1) An action upon a contract not in writing, express or implied. (2) An action upon a liability created by statute, when no other time is fixed by the statute creating the liability…
KRS § 413.125 Actions relating to personal property to be brought within two years
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An action for the taking, detaining or injuring of personal property, including an action for specific recovery shall be commenced within two (2) years from the time the cause of action accrued.
KRS § 413.130 When certain actions in KRS 413.120 accrue
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(1) In every action upon a merchants' account as described in subsection (9) of KRS 413.120, the limitation shall be computed from January 1 next succeeding the respective dates of the delivery of the several articles charged in the account. Judgment shall be rendered for no more…
KRS § 413.135 Action for damages arising out of injury
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(1) No action to recover damages, whether based upon contract or sounding in tort, resulting from or arising out of any deficiency in the construction components, design, planning, supervision, inspection, or construction of any improvement to real property, or for any injury to …
KRS § 413.137 Action for damages for injury or illness suffered as a result of female genital mutilation
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genital mutilation. (1) A civil action for recovery of damages for injury or illness suffered as a result of female genital mutilation as defined in KRS 508.125 shall be brought within ten (10) years: (a) Of the procedure being performed; or (b) After the victim attains the age o…
KRS § 413.140 Actions to be brought within one year
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(1) The following actions shall be commenced within one (1) year after the cause of action accrued: (a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant; (b) An action for injuries to persons, cattle, or othe…
KRS § 413.150 Actions by the Commonwealth
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The limitations prescribed in this chapter shall apply to actions brought by or in the name of the Commonwealth the same as to actions by private persons, except where a different time is prescribed by statute.
KRS § 413.160 Actions upon written contract or not provided for by statute -- Ten-year limitation
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limitation. An action upon a written contract executed after July 15, 2014, unless otherwise provided by statute, and an action for relief not provided for by statute can only be commenced within ten (10) years after the cause of action accrued.
KRS § 413.170 Limitations of actions in KRS 413.090 to 413.160 do not run until removal of disability or death
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of disability or death. (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160, except for a penalty or forfeiture, was, at the time the cause of action accrued, an infant or of unsound mind, the action may be brought within the same number of years afte…
KRS § 413.180 Action by or against personal representative under KRS 413.090 to 413.160
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413.160. (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause of action survives, the action may be brought by his personal representative after the expiration of that ti…
KRS § 413.190 Result of absence from the state or obstruction of action under KRS 413.090 to 413.160
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413.090 to 413.160. (1) If, at the time any cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, he is absent from it, the period limited for the commencement of the action against him shall be computed from the time of his return to this …
KRS § 413.220 Sureties who are discharged after seven years
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(1) A surety shall be discharged from all liability under any judgment or decree, after the lapse of seven (7) years without the issue of execution and prosecution in good faith for collection. (2) A surety in any bond given in the course of any judicial proceeding shall be disch…
KRS § 413.230 Sureties who are discharged after five years
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A surety for an executor, administrator, guardian or curator, or for a sheriff to whom a decedent's estate has been transferred, shall be discharged from all liability to a distributee, devisee or ward when five (5) years have elapsed without suit after the cause of action accrue…
KRS § 413.240 Action against surety -- When limitation does not run
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The limitations given in KRS 413.220 and 413.230 shall not apply to the time elapsed when there was no executor, administrator or other person authorized to commence an action, nor to the six (6) months during which an action cannot be brought against a personal representative, n…
KRS § 413.241 Legislative finding -- Limitation on liability of licensed sellers or servers of intoxicating beverages -- Liability of intoxicated person
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intoxicating beverages -- Liability of intoxicated person. (1) The General Assembly finds and declares that the consumption of intoxicating beverages, rather than the serving, furnishing, or sale of such beverages, is the proximate cause of any injury, including death and propert…
KRS § 413.242 Prerequisite to action against purchaser or selling agent of equine interest
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Before a party possessing a security interest or lien against an equine interest that has been sold without the debt to the party being discharged may bring an action against the purchaser or selling agent of the equine interest, the secured party shall pursue a remedy against th…
KRS § 413.243 "Professional services" defined
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As used in KRS 413.245, "professional services" means any service rendered in a profession required to be licensed, administered and regulated as professions in the Commonwealth of Kentucky, except those professions governed by KRS 413.140.
KRS § 413.245 Actions arising out of the rendering, or failure to render, professional services to others
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services to others. Notwithstanding any other prescribed limitation of actions which might otherwise appear applicable, except those provided in KRS 413.140, a civil action, whether brought in tort or contract, arising out of any act or omission in rendering, or failing to render…
KRS § 413.246 Action for damages based on professional services rendered by licensed home inspector
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home inspector. (1) An action for damages, whether brought in contract or tort, or on any other basis, based on professional services that were rendered or that should have been rendered by a licensed home inspector under KRS 198B.700 to 198B.738 shall not be brought, commenced, …