Chapter 3 - Limitation Of Actions
CHAPTER 3 - LIMITATION OF ACTIONS
1-3-101. Applicability of provisions.
Thischapter shall not apply in the case of a continuing and subsisting trust, norto an action by a vendee of real property in possession thereof to obtain aconveyance of it.
1-3-102. When actions may be commenced.
Civilactions can only be commenced within the periods prescribed in this chapter,after the cause of action accrues, but where a different limitation isprescribed by statute, that shall govern.
1-3-103. Recovery of real property; generally.
Anaction for the recovery of the title or possession of lands, tenements orhereditaments can only be brought within ten (10) years after the cause of suchaction accrues.
1-3-104. Recovery of real property; legal disability.
Anyperson entitled to bring an action for the recovery of real property who isunder any legal disability when the cause of action accrues may bring hisaction within ten (10) years after the disability is removed.
1-3-105. Actions other than recovery of real property.
(a) Civil actions other than for the recovery of real propertycan only be brought within the following periods after the cause of actionaccrues:
(i) Within ten (10) years, an action upon a specialty or anycontract, agreement or promise in writing;
(ii) Within eight (8) years, an action:
(A) Upon a contract not in writing, either express or implied;or
(B) Upon a liability created by statute other than a forfeitureor penalty.
(iii) Within five (5) years after the debtor establishesresidence in Wyoming, an action on a foreign claim, judgment or contract,express or implied, contracted or incurred and accrued before the debtor becamea resident of Wyoming;
(iv) Within four (4) years, an action for:
(A) Trespass upon real property;
(B) The recovery of personal property or for taking, detainingor injuring personal property;
(C) An injury to the rights of the plaintiff, not arising oncontract and not herein enumerated; and
(D) For relief on the ground of fraud.
(v) Within one (1) year, an action for:
(A) Libel or slander;
(B) Assault or battery not including sexual assault;
(C) Malicious prosecution or false imprisonment; or
(D) Upon a statute for a penalty or forfeiture, except that ifa different limitation is prescribed in the statute by which the remedy isgiven the action shall be brought within the period prescribed by the statute.
(b) Notwithstanding subsection (a) of this section, a civilaction based upon sexual assault as defined by W.S. 6-2-301(a)(v) against aminor may be brought within the later of:
(i) Eight (8) years after the minor's eighteenth birthday; or
(ii) Three (3) years after the discovery.
1-3-106. When certain causes of action accrue.
Acause of action for the wrongful taking of personal property is not deemed tohave accrued until the wrongdoer is discovered. A cause of action on the groundof fraud is not deemed to have accrued until the discovery of the fraud.
1-3-107. Act, error or omission in rendering professional or healthcare services.
(a) A cause of action arising from an act, error or omission inthe rendering of licensed or certified professional or health care servicesshall be brought within the greater of the following times:
(i) Within two (2) years of the date of the alleged act, erroror omission, except that a cause of action may be instituted not more than two(2) years after discovery of the alleged act, error or omission, if theclaimant can establish that the alleged act, error or omission was:
(A) Not reasonably discoverable within a two (2) year period;or
(B) The claimant failed to discover the alleged act, error oromission within the two (2) year period despite the exercise of due diligence.
(ii) For injury to the rights of a minor, by his eighth birthdayor within two (2) years of the date of the alleged act, error or omission,whichever period is greater, except that a cause of action may be institutednot more than two (2) years after discovery of the alleged act, error oromission, if the claimant can establish that the alleged act, error or omissionwas:
(A) Not reasonably discoverable within the two (2) year period;or
(B) That the claimant failed to discover the alleged act, erroror omission within the two (2) year period despite the exercise of duediligence.
(iii) For injury to the rights of a plaintiff suffering from alegal disability other than minority, within one (1) year of the removal of thedisability;
(iv) If under paragraph (i) or (ii) of this subsection, thealleged act, error or omission is discovered during the second year of the two(2) year period from the date of the act, error or omission, the period forcommencing a lawsuit shall be extended by six (6) months.
(b) This section applies to all persons regardless of minorityor other legal disability.
1-3-108. Official bonds and statutory undertakings.
Anaction upon the official bond of an officer, assignee, trustee, executor,administrator or guardian, or upon a bond given in pursuance of a statute canonly be brought within ten (10) years after the cause of action accrues.
1-3-109. Actions not otherwise limited.
Anaction for relief, not hereinbefore provided for, can only be brought withinten (10) years after the cause of action accrues.
1-3-110. "Substantial completion" defined.
Asused in this act "substantial completion" means the degree ofcompletion at which the owner can utilize the improvement for the purpose forwhich it was intended.
1-3-111. Improvements to real property; generally.
(a) Unless the parties to the contract agree otherwise, noaction to recover damages, whether in tort, contract, indemnity or otherwise,shall be brought more than ten (10) years after substantial completion of animprovement to real property, against any person constructing, altering orrepairing the improvement, manufacturing or furnishing materials incorporatedin the improvement, or performing or furnishing services in the design,planning, surveying, supervision, observation or management of construction, oradministration of construction contracts for:
(i) Any deficiency in the design, planning, supervision,construction, surveying, manufacturing or supplying of materials or observationor management of construction;
(ii) Injury to any property arising out of any deficiency listedin paragraph (i) of this subsection; or
(iii) Injury to the person or wrongful death arising out of anydeficiency listed in paragraph (i) of this subsection.
(b) Notwithstanding the provisions of subsection (a) of thissection, if an injury to property or person or an injury causing wrongful deathoccurs during the ninth year after substantial completion of the improvement toreal property, an action to recover damages for the injury or wrongful deathmay be brought within one (1) year after the date on which the injury occurs.
(c) This section shall not be construed to extend the periodfor bringing an action allowed by the laws of this state.
1-3-112. Improvements to real property; exception as to persons inpossession or control.
Thelimitation prescribed by this act shall not be asserted by way of defense byany person in actual possession or control, as owner, tenant or otherwise, ofthe improvement at the time any deficiency in the improvement constitutes theproximate cause of the injury or death for which it is proposed to bring anaction.
1-3-113. Improvements to real property; extension of limitationsprecluded.
Nothingin this act shall be construed as extending the period prescribed by law forthe bringing of any action.
1-3-114. Legal disabilities.
Ifa person entitled to bring any action except for an action arising from erroror omission in the rendering of licensed or certified professional or health careservices or for a penalty or forfeiture, is, at the time the cause of actionaccrues, a minor or subject to any other legal disability, the person may bringthe action within three (3) years after the disability is removed or within anyother statutory period of limitation, whichever is greater.
1-3-115. Liability created by federal statute.
Allactions upon a liability created by a federal statute, other than a forfeitureor penalty, for which no period of limitations is provided in such statute, shallbe commenced within two (2) years after the cause of action has accrued.
1-3-116. Absence from state, abscondence or concealment.
Ifa cause of action accrues against a person when he is out of the state, or hasabsconded or concealed himself, the period limited for the commencement of theaction does not begin to run until he comes into the state or while he is soabsconded or concealed. If after the cause of action accrues he departs fromthe state or absconds or conceals himself, the time of his absence orconcealment is not computed as a part of the period within which the actionshall be brought.
1-3-117. Effect of foreign law.
Ifby the laws of the state or country where the cause of action arose the actionis barred, it is also barred in this state.
1-3-118. Right to commence new action.
Ifin an action commenced in due time a judgment for the plaintiff is reversed, orif the plaintiff fails otherwise than upon the merits and the time limited forthe commencement of the action has expired at the date of the reversal orfailure, the plaintiff, or his representatives if he dies and if the cause ofaction survives, may commence a new action within one (1) year after the dateof the failure or reversal. This provision also applies to any claim assertedin any pleading by a defendant.
1-3-119. Effect of partial payment or new promise in writing.
Whenpayment has been made upon any demand founded on contract or a writtenacknowledgment thereof, or promise to pay the same has been made and signed bythe party to be charged, the time for commencing an action runs from the dateof such payment, acknowledgment or promise.