Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 31 Time for commencement of various actions
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(a) Civil actions shall only be commenced within the periods prescribed below after the cause of action shall have accrued, except when, in special cases, a different limitation is prescribed by statute:(1) Twenty years— (A) Actions for the recovery of real property, or for the r…
5 V.I.C. § 32 Actions of equitable nature; real property; new promise, fraud, or mistake
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(a) An action of an equitable nature shall only be commenced within the time limited to commence an action as provided in this chapter. (b) An action for the determination of any right or claim to or interest in real property shall be deemed within the limitations provided for ac…
5 V.I.C. § 32a Definitions
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(1) As used in section 32b:(1) “action” includes an action for contribution or indemnity brought against a person or entity arising out of that person's or entity's performance or furnishing of services or materials referred to in section 32b;(2) “patent deficiency” means a defic…
5 V.I.C. § 32b Construction of improvement to real property; action for damages prohibited
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(a) Except as otherwise provided in this section, no action may be brought to recover damages from any person or entity performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real p…
5 V.I.C. § 32c Exceptions
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(1) Section 32b does not apply if(1) the personal injury, death, or property damage resulted from(A) an intentional act or gross negligence;(B) fraud or misrepresentation;(C) breach of an express warranty or guarantee;(D) a defective product. In this subparagraph, “product” means…
5 V.I.C. § 33 Actions on accounts
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In an action 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 date of the last item proved in the account on either side; but whenever a pe…
5 V.I.C. § 34 Public corporations
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The limitations prescribed in this chapter shall apply to actions brought in the name of any public corporation in the Virgin Islands, or for its benefit, in the same manner as to actions by private parties.
5 V.I.C. § 35 Absence or concealment
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(a) If a cause of action accrues against any person who is out of the Virgin Islands or concealed therein, such action may be commenced within the terms herein respectively limited, after the return of such person into the Virgin Islands, or the end of his concealment. (b) If, af…
5 V.I.C. § 36 Persons under disability
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(a) If any person entitled to bring an action mentioned in this chapter is, at the time the cause of action accrues—(1) under the age of twenty-one years; or(2) insane; or(3) imprisoned on a criminal charge, or in execution under sentence of a court for a term less than his natur…
5 V.I.C. § 37 Death before expiration of limitation period
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(a) If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his personal representatives, after the expiration of the time and within one year from his dea…
5 V.I.C. § 38 Commencement stayed by injunction or statutory prohibition
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When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.
5 V.I.C. § 39 Acknowledgment or promise
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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 is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the …
5 V.I.C. § 40 Payment of principal or interest
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Whenever any payment of principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note, bond, or other evidence of indebtedness, if such payment be made after the same shall have become due, the limitation shall commen…
5 V.I.C. § 41 Cause of action arising outside Virgin Islands
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When the cause of action has arisen in any State, Commonwealth, Territory, or country between nonresidents of the Virgin Islands, and by the laws of the State, Commonwealth, Territory, or country where the cause of action arose an action cannot be maintained thereon by reason of …