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28-01.2 Uniform Conflict of Laws - Limitations Act

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CHAPTER 28-01.2UNIFORM CONFLICT OF LAWS - LIMITATIONS ACT28-01.2-01. Definition of terms. As used in this chapter, unless the context otherwiserequires:1.&quot;Claim&quot; means a right of action that may be asserted in a civil action or proceeding<br>and includes a right of action created by statute.2.&quot;State&quot; means a state, territory, or possession of the United States, the District of<br>Columbia, the Commonwealth of Puerto Rico, a foreign country, or a political<br>subdivision of any of them.28-01.2-02. Conflict of laws - Limitation period.1.Except as provided by section 28-01.2-04, if a claim is substantively based upon:a.The law of one other state, the limitation period of that state applies; orb.The law of more than one state, the limitation period of one of those states<br>chosen by the law of conflict of laws of this state, applies.2.The limitation period of this state applies to all other claims.28-01.2-03. Rules applicable to computation of limitation period. If the statute oflimitations of another state applies to the assertion of a claim in this state, the other state's<br>relevant statutes and other rules of law governing tolling and accrual apply in computing the<br>limitation period, but its statutes and other rules of law governing conflict of laws do not apply.28-01.2-04. Unfairness. If the court determines that the limitation period of anotherstate applicable under sections 28-01.2-02 and 28-01.2-03 is substantially different from the<br>limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an<br>unfair burden in defending against, the claim, the limitation period of this state applies.28-01.2-05. Existing and future claims. This chapter applies to claims:1.Accruing after June 30, 1985; or2.Asserted in a civil action or proceeding more than one year after June 30, 1985, but<br>it does not revive a claim barred before July 1, 1985.Page No. 1Document Outlinechapter 28-01.2 uniform conflict of laws - limitations act