Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 1 Application of subtitle
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(a) This subtitle applies to the suits of a civil nature whether cognizable as cases at law or in equity described in Rule 1 of the Federal Rules of Civil Procedure, and which are brought in one form of action known as “civil action” pursuant to Rule 2 thereof. (b) This subtitle …
5 V.I.C. § 5 Pleading of specific sum in ad damnum clause prohibited
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Notwithstanding any provision of law, in any cause of action based on tort, contract law, or otherwise to recover damages for injury or death to the person or for harm to the plaintiff resulting from the defendant's wrongful conduct, no complaint or cross-complaint shall specify …
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 …
5 V.I.C. § 71 Assignment of things in action
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In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of or before notice of the assignment; but this subsection shall not apply to a negotiable instrument transferred in good f…
5 V.I.C. § 72 Wife as party
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A wife may receive the wages of her personal labor, and maintain an action therefor in her own name and hold the same in her own right, and she may prosecute and defend all actions for the preservation and protection of her rights and property as if unmarried.
5 V.I.C. § 73 Guardian ad litem
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A guardian ad litem appointed for an infant or incompetent person under Rule 17(c) of the Federal Rules of Civil Procedure shall not be liable to pay costs of action; and he shall be allowed a reasonable sum for his charges as such guardian, to be fixed by the court, and taxed in…
5 V.I.C. § 74 Seduction
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(a) A father, or in case of his death or desertion of his family, the mother, may maintain an action as plaintiff for the seduction of a minor daughter, and the guardian for the seduction of a ward, though the daughter or ward is not living with or in the service of the plaintiff…
5 V.I.C. § 75 Action for injury to a minor child
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A legitimate or legitimized natural father, who has not abandoned his family, and the legitimate or natural mother may individually or jointly institute an action for the injury of a minor child, and a guardian for the injury of a ward, when such injury is caused by the wrongful …
5 V.I.C. § 76 Action for wrongful death
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Legislative intent Legislative intent (a) It is the public policy of the Territory to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Subsections (b) through (j) of this section are remedial and shall be liberally constru…
5 V.I.C. § 77 Survival of tort actions
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A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the deat…
5 V.I.C. § 78 Substitution of parties
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No action shall abate by the death or disability of a party or by the transfer of any interest therein, if the cause of action survives or continues. In case of the death or disability of a party, the court may at any time within two years thereafter, on motion, allow the action …
5 V.I.C. § 79 Death of party after decision of action
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An action for a wrong shall not abate by the death of any party after the decision has been given therein, but the action shall proceed thereafter in the same manner as in cases where the cause of action survives.
5 V.I.C. § 80 Taxpayers' suits
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A taxpayer may maintain an action to restrain illegal or unauthorized acts by a territorial officer or employee, or the wrongful disbursement of territorial funds.
5 V.I.C. § 111 Service on infant or incompetent person
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(1) In the cases referred to in Rule 4(d)(2) of the Federal Rules of Civil Procedure, service shall be made as follows:(1) Upon an infant, by delivering a copy of the summons and of the complaint to the infant personally, and also to his father, mother, or guardian, or if there i…
5 V.I.C. § 112 Substituted service by publication
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(a) When service of the summons cannot be made as prescribed in Rule 4 of the Federal Rules of Civil Procedure, and the defendant after due diligence cannot be found within the Virgin Islands, and when that fact appears by affidavit to the satisfaction of the district court, or t…
5 V.I.C. § 113 Failure to serve all parties
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(1) When the action is against two or more defendants, and the summons is served on one or more but not all of them, the plaintiff may proceed as follows:(1) If the action is against defendants jointly indebted upon a contract, he may proceed against the defendants served, unless…
5 V.I.C. § 114 Proof of service of process
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(a) Proof of the service of the summons and complaint or of the deposit thereof in the post office, shall be as follows:(1) If the service or deposit in the post office is by the marshal or his deputy, the certificate of such officer;(2) If by any other person, his affidavit ther…
5 V.I.C. § 115 When jurisdiction acquired; voluntary appearance
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From the time of the service of the summons or the allowance of a provisional remedy the court shall be deemed to have acquired jurisdiction and to have control of all the subsequent proceedings. A voluntary appearance of the defendant shall be equivalent to personal service of t…
5 V.I.C. § 171 Limitation; length of imprisonment
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No person shall be arrested in any civil action except as provided in this chapter. No person upon civil arrest shall be detained in custody for a longer period than three months.
5 V.I.C. § 172 Cases in which arrest may be made
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(a) A male defendant may be arrested in the following cases:(1) In an action for the recovery of money or damages when the defendant is about to remove from the Virgin Islands with intent to defraud his creditors, or when the action is for any injury to person, or for willfully i…
5 V.I.C. § 173 Procedure for arrest
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(a) At any time after the commencement of a civil action, and before judgment, the plaintiff shall, in the discretion of the court, be entitled to a writ of arrest for the defendant for any of the causes specified in section 172 of this title, whenever he makes and files with the…
5 V.I.C. § 174 Discharge of defendant upon bail or deposit
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The defendant, at any time before execution, shall be discharged from the arrest, either upon giving bail or upon depositing the amount mentioned in the writ of arrest, as provided in this chapter.
5 V.I.C. § 175 Form of bail
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The defendant may give bail by executing a written undertaking in favor of the plaintiff with a corporate surety or two or more individual sureties unless the court determines that one individual surety is sufficient, stating their places of residence, to the effect that the defe…
5 V.I.C. § 176 Proceedings against sureties
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In case of the failure to comply with any undertaking given under this chapter, the liability of the sureties may be enforced on motion without the necessity of an independent action. By entering into an undertaking under this chapter, the sureties submit themselves to the jurisd…
5 V.I.C. § 177 Exoneration of bail
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The bail may be exonerated, either by the death of the defendant or his imprisonment in the penitentiary, or by his legal discharge from the obligation to render himself amenable to the process.
5 V.I.C. § 178 Service of undertaking on plaintiff; refusal to accept
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Within three days after the execution of the undertaking of the bail the marshal having the defendant in custody shall deliver to the plaintiff or his attorney, or such other person as the plaintiff may direct, a certified copy of the undertaking, with the date of the arrest indo…
5 V.I.C. § 179 Notice of justification of sureties
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On the receipt of notice that the plaintiff does not accept the bail, the marshal or defendant may, within ten days thereafter, give to the plaintiff or his attorney notice of the justification of the same or other sureties, specifying the place of residence and occupation of the…
5 V.I.C. § 180 Qualifications of sureties for bail
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(a) The qualifications of individual sureties for bail shall be as follows:(1) Each of them shall be a resident of the Virgin Islands.(2) Over and above all debts and liabilities, and exclusive of property exempt from execution, each surety shall be worth the amount specified in …
5 V.I.C. § 181 Justification of sureties for bail
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For the purpose of justification each of the individual sureties for bail, or an authorized agent of the corporate surety for bail, shall appear before the judge or clerk at the time and place mentioned in the notice, and may be examined on oath, on the part of the plaintiff, tou…
5 V.I.C. § 182 Allowance of bail
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If the judge or clerk allows the bail as sufficient, he shall annex the examination to the undertaking, indorse his allowance thereon, and cause them to be filed with the clerk of the court in which the action is pending. The marshal shall thereupon be exonerated from liability.
5 V.I.C. § 183 Deposit in lieu of bail
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(a) The defendant may at the time of his arrest, instead of giving bail, deposit with the marshal the amount mentioned in the writ. Thereupon the marshal shall give the defendant a certificate of the deposit made and the defendant shall be discharged from custody. (b) The marshal…
5 V.I.C. § 184 Expense of maintenance of defendant
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There shall be allowed to the marshal for the food and maintenance of any defendant arrested under the provisions of this chapter two dollars per day, and the plaintiff shall be liable in the first instance for such expense, and if required by the marshal shall pay the same weekl…
5 V.I.C. § 185 Vacation of arrest or reduction of bail
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(a) A defendant arrested may, at any time before judgment, apply on motion to the court in which the action is pending, upon notice to the plaintiff, to vacate the writ of arrest. (b) If a motion is made upon affidavits or other proofs on the part of the defendant, but not otherw…
5 V.I.C. § 211 Right to claim immediate delivery
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In an action to recover possession of personal property the plaintiff, at any time after the action is commenced, and before judgment, may claim the immediate delivery of such property, as provided in this chapter.
5 V.I.C. § 212 Affidavit of plaintiff
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(1) When a delivery is claimed an affidavit shall be made by the plaintiff, or by some one in his behalf, showing:(1) That the plaintiff is the owner of the property claimed (particularly describing it) or is lawfully entitled to the possession thereof by virtue of a special prop…
5 V.I.C. § 213 Endorsement of affidavit to marshal
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The plaintiff may thereupon by an indorsement upon the affidavit, require the marshal to take the property from the defendant and deliver it to the plaintiff.
5 V.I.C. § 214 Undertaking by plaintiff; taking of property; service on defendant
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Upon the receipt of the affidavit and endorsement thereon, with a written undertaking executed by two or more sufficient sureties approved by the marshal, to the effect that they are bound in double the value of the property as stated in the affidavit for the prosecution of the a…