NRS: CHAPTER 11 - LIMITATION OF ACTIONS

[Rev. 6/29/2024 2:47:15 PM--2023]

CHAPTER 11 - LIMITATION OF ACTIONS

GENERAL PROVISIONS

NRS 11.010 Commencement of civil actions.

NRS 11.020 Effect of laws of limitation of other states or countries.

REAL PROPERTY

NRS 11.030 When action cannot be brought by grantee from this State.

NRS 11.040 When actions by State or its grantees are to be brought within 7 years.

NRS 11.060 Action for recovery of mining claims: Occupation and possession; other applicable provisions.

NRS 11.070 No cause of action effectual unless party or predecessor seized or possessed within 5 years.

NRS 11.080 Seisin within 5 years; when necessary in action for real property.

NRS 11.090 Peaceable entry; when not valid as claim.

NRS 11.100 Possession presumed in legal owner unless adversely held.

NRS 11.110 Occupation under written instrument or judgment; when deemed adverse.

NRS 11.120 What constitutes adverse possession under written instrument or judgment.

NRS 11.130 Premises actually occupied under claim of title deemed to be held adversely.

NRS 11.140 What constitutes adverse possession under claim of title not founded on written instrument.

NRS 11.150 Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes.

NRS 11.160 Relation of landlord and tenant as affecting adverse possession.

NRS 11.165 Easement by prescription when owner opens land for use by public for pedestrian access and improves land for that specific purpose.

NRS 11.170 Right of possession not affected by descent cast.

NRS 11.180 Certain disabilities excluded from time to commence actions.

ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

NRS 11.190 Periods of limitation.

NRS 11.200 Computation of time.

NRS 11.201 Actions for common-law wrongful termination of employment.

NRS 11.202 Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property.

NRS 11.2055 Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property: Determination of date of substantial completion of improvement to real property.

NRS 11.207 Malpractice actions against attorneys and veterinarians.

NRS 11.2075 Malpractice actions against accountants.

NRS 11.208 Action by contractor against Department of Transportation upon contract for construction, reconstruction, improvement or maintenance of highway.

NRS 11.209 Actions against original contractors by employees of subcontractors or other contractors acting under, by or for original contractors for wages, contributions, premiums, benefits or other indebtedness.

NRS 11.2095 Action to recover payment for money owed to hospital.

NRS 11.210 Mutual open accounts; accrual of cause of action.

NRS 11.215 Actions for damages for injury arising from sexual abuse or sexual exploitation of minor; actions involving injury arising from appearance of minor in pornography.

NRS 11.217 Actions for damages for injury arising from sexual assault of adult.

NRS 11.220 Action for relief not otherwise provided for.

NRS 11.245 Actions brought by Attorney General for deceptive trade practices.

NRS 11.250 Disabilities preventing running of statute.

ACTIONS BY OR ON BEHALF OF THIS STATE

NRS 11.255 Actions by or on behalf of this State.

REQUIREMENTS FOR ACTIONS INVOLVING NONRESIDENTIAL CONSTRUCTION AGAINST DESIGN PROFESSIONALS

NRS 11.256 Definitions.

NRS 11.2565 “Action involving nonresidential construction” defined.

NRS 11.257 “Complainant” defined.

NRS 11.258 Attorney required to consult expert; required affidavit of attorney; required report of expert.

NRS 11.259 Effect of compliance with or failure to comply with NRS 11.258.

MISCELLANEOUS LIMITATIONS

NRS 11.260 Action to recover estate sold by guardian.

NRS 11.270 Action to recover estate sold by executor or administrator.

NRS 11.275 Action against estate for which letters of administration have not been issued.

NRS 11.280 Legal disability prevents running of statute.

NRS 11.290 No limitation of action for deposit of money or property; exception.

NRS 11.300 Absence from State suspends running of statute.

NRS 11.310 Death of person entitled to bring action before limitation expires; death of person against whom an action may be brought.

NRS 11.320 Statute suspended when person against whom cause of action exists dies out of State.

NRS 11.330 Action by enemy alien; war suspends limitation.

NRS 11.340 Reversal of judgment; new action to be brought within 1 year.

NRS 11.350 Action stayed by injunction.

NRS 11.360 Disability must exist when right of action accrued.

NRS 11.370 Coexisting disabilities must be removed.

NRS 11.380 Actions against directors or stockholders of corporations.

NRS 11.390 Acknowledgment or new promise must be in writing; exception.

RECOMMENCEMENT OF CERTAIN ACTIONS

NRS 11.500 Recommencement of actions dismissed for lack of subject matter jurisdiction.

_________

GENERAL PROVISIONS

NRS 11.010 Commencement of civil actions. Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, except where a different limitation is prescribed by statute.

[1911 CPA § 4; RL § 4946; NCL § 8503]

NRS 11.020 Effect of laws of limitation of other states or countries. When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against the person in this State, except in favor of a citizen thereof who has held the cause of action from the time it accrued.

[1911 CPA § 5; RL § 4947; NCL § 8504]

REAL PROPERTY

NRS 11.030 When action cannot be brought by grantee from this State. No action can be brought for or in respect to real property by any person claiming under letters patent, or grants from this State, unless the same might have been commenced by the State as herein specified in case such patent had not been issued or grant made.

[1911 CPA § 36; RL § 4948; NCL § 8505]

NRS 11.040 When actions by State or its grantees are to be brought within 7 years. When letters patent or grants of real property issued or made by this state are declared void by the determination of a competent court, an action for the recovery of the property so conveyed may be brought, either by the State, or by any subsequent patentee or grantee of the property, his or her heirs or assigns, within 7 years after such determination, but not after that period.

[1911 CPA § 7; RL § 4949; NCL § 8506]

NRS 11.060 Action for recovery of mining claims: Occupation and possession; other applicable provisions.

1. No action for the recovery of mining claims, or for the recovery of the possession thereof, shall be maintained, unless it appears that the plaintiff, or those through or from whom the plaintiff claims, were seized or possessed of such mining claim, or were the owners thereof, according to the laws and customs of the district embracing the same, within 2 years before the commencement of such action.

2. Occupation and adverse possession of a mining claim shall consist in holding and working the same, in the usual and customary mode of holding and working similar claims in the vicinity thereof.

3. All of the provisions of this chapter which apply to other real estate, so far as applicable, shall be deemed to include and apply to mining claims; provided,

(a) That in such application “2 years” shall be held to be the period intended whenever the term “5 years” is used; and

(b) That when the terms “legal title” or “title” are used, they shall be held to include title acquired by location or occupation, according to the usages, laws and customs of the district embracing the claim.

[1911 CPA § 9; RL § 4951; NCL § 8508]

NRS 11.070 No cause of action effectual unless party or predecessor seized or possessed within 5 years. No cause of action or defense to an action, founded upon the title to real property, or to rents or to services out of the same, shall be effectual, unless it appears that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within 5 years before the committing of the act in respect to which said action is prosecuted or defense made.

[1911 CPA § 10; RL § 4952; NCL § 8509]

NRS 11.080 Seisin within 5 years; when necessary in action for real property. No action for the recovery of real property, or for the recovery of the possession thereof other than mining claims, shall be maintained, unless it appears that the plaintiff or the plaintiff’s ancestor, predecessor or grantor was seized or possessed of the premises in question, within 5 years before the commencement thereof.

[1911 CPA § 11; RL § 4953; NCL § 8510]

NRS 11.090 Peaceable entry; when not valid as claim. No peaceable entry upon real estate shall be deemed sufficient and valid as a claim, unless an action be commenced by the plaintiff for possession within 1 year from the making of such entry, or within 5 years from the time when the right to bring such action accrued.

[1911 CPA § 12; RL § 4954; NCL § 8511]

NRS 11.100 Possession presumed in legal owner unless adversely held. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it shall appear:

1. That is has been protected by a substantial enclosure; or

2. That it has been cultivated or improved in accordance with the usual and ordinary methods of husbandry.

[1911 CPA § 13; RL § 4955; NCL § 8512]

NRS 11.110 Occupation under written instrument or judgment; when deemed adverse. Whenever it shall appear that the occupant, or those under whom the occupant claims, entered into the possession of premises, under claim of title, exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for 5 years, the premises so included shall be deemed to have been held adversely, except that where the premises so included consists of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.

[1911 CPA § 14; RL § 4956; NCL § 8513]

NRS 11.120 What constitutes adverse possession under written instrument or judgment. For the purpose of constituting adverse possession by any person claiming a title, founded upon a written instrument or judgment or decree, land shall be deemed to have been possessed and occupied in the following cases:

1. Where it has been usually cultivated or improved.

2. Where it has been protected by a substantial enclosure.

3. Where, though not enclosed, it has been used for the supply of fuel, or of fencing timber, for the purpose of husbandry; or for the use of pasturage, or for ordinary uses of the occupant.

4. Where a known farm or single lot has been partly improved, the portion of such farm or lot that may have been left not cleared, or not enclosed according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

[1911 CPA § 15; RL § 4957; NCL § 8514]

NRS 11.130 Premises actually occupied under claim of title deemed to be held adversely. Where it appears that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.

[1911 CPA § 16; RL § 4958; NCL § 8515]

NRS 11.140 What constitutes adverse possession under claim of title not founded on written instrument. For the purpose of constituting an adverse possession, by a person claiming title, not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only:

1. Where it has been protected by a substantial enclosure.

2. Where it has been usually cultivated or improved.

[1911 CPA § 17; RL § 4959; NCL § 8516]

NRS 11.150 Additional requirements for adverse possession: Occupation continuously for 5 years; payment of taxes. In no case shall adverse possession be considered established unless it be shown, in addition to the requirements of NRS 11.120 or 11.140, that the land has been occupied and claimed for the period of 5 years, continuously, and that the party or persons, their predecessors and grantors have paid all taxes, state, county and municipal, which may have been levied and assessed against the land for the period mentioned, or have tendered payment thereof.

[1911 CPA § 18; A 1937, 26; 1931 NCL § 8517]—(NRS A 1957, 321)

NRS 11.160 Relation of landlord and tenant as affecting adverse possession. Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord until the expiration of 5 years from the expiration of the tenancy, or, where there has been no written lease, until the expiration of 5 years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to the landlord. But such presumptions shall not be made after the periods herein limited.

[1911 CPA § 19; RL § 4961; NCL § 8518]

NRS 11.165 Easement by prescription when owner opens land for use by public for pedestrian access and improves land for that specific purpose.

1. If an owner of land opens his or her land for use by the public for pedestrian access and has improved such land for that specific purpose, no such use by any person or the public, no matter for how long of a period, of any land shall ever ripen into an easement by prescription, if the owner of the land posts at each entrance to the land or at intervals of not more than 200 feet along the boundary of such land a sign reading substantially as follows:

Right to pass by permission, and subject to control, of owner: NRS 11.165.

2. Regardless of whether an owner of land has recorded a notice pursuant to NRS 111.3655 or has posted signs on such land pursuant to subsection 1, if an owner of land opens his or her land for use by the public for pedestrian access and has improved such land for that specific purpose, no such use of such land by any person or the public on or after October 1, 2017, shall ever ripen to confer upon the public or any governmental entity a vested right to continue to make such use permanently, in the absence of an express written grant of easement or other conveyance of such land for such use, or irrevocable offer of dedication of such property for such use, made by the owner, which has been accepted by the governmental entity to which the offer of dedication was made.

3. The governing body of any city or county pursuant to the powers granted in NRS 278.010 to 278.630, inclusive, may by ordinance establish provisions governing the size, placement and composition of a sign posted by an owner of land pursuant to subsection 1.

4. As used in this section, “governmental entity” has the meaning ascribed to it in NRS 363C.040.

(Added to NRS by 2017, 3033)

NRS 11.170 Right of possession not affected by descent cast. The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.

[1911 CPA § 20; RL § 4962; NCL § 8519]

NRS 11.180 Certain disabilities excluded from time to commence actions. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property or to rents or services out of the same, be at the time such title shall first descend or accrue, either:

1. Within the age of majority; or

2. Insane; or

3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense, for a term less than for life,

Ê the time during which such disability continues is not deemed any portion of the time in this chapter limited for the commencement of such actions, or the making of such entry or defense, but such action may be commenced or entry or defense made, within the period of 2 years after such disability shall cease, or after the death of the person entitled, who shall die under such disability, but such action shall not be commenced, or entry or defense made, after that period.

[1911 CPA § 24; RL § 4966; NCL § 8523]

ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY

NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 40.4639, 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

1. Within 6 years:

(a) Except as otherwise provided in NRS 62B.420 and 176.275, an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof.

(b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.

2. Within 4 years:

(a) An action on an open account for goods, wares and merchandise sold and delivered.

(b) An action for any article charged on an account in a store.

(d) Except as otherwise provided in NRS 11.245, an action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrieved party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

3. Within 3 years:

(a) An action upon a liability created by statute, other than a penalty or forfeiture.

(b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

(d) Except as otherwise provided in NRS 112.230 and 166.170, an action for relief on the ground of fraud or mistake, but the cause of action in such a case shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the fraud or mistake.

(e) An action pursuant to NRS 40.750 for damages sustained by a financial institution or other lender because of its reliance on certain fraudulent conduct of a borrower, but the cause of action in such a case shall be deemed to accrue upon the discovery by the financial institution or other lender of the facts constituting the concealment or false statement.

(f) An action pursuant to NRS 41.1335, but the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting fertility fraud or of any medical or genetic disorder which results from the human reproductive material implanted in, used on or provided to a patient in violation of NRS 200.975, whichever occurs later.

4. Within 2 years:

(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

(b) An action upon a statute for a penalty or forfeiture, where the action is given to a person or the State, or both, except when the statute imposing it prescribes a different limitation.

(d) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

(e) Except as otherwise provided in NRS 11.215 or 11.217, an action to recover damages for injuries to a person or for the death of a person caused by the wrongful act or neglect of another. The provisions of this paragraph relating to an action to recover damages for injuries to a person apply only to causes of action which accrue after March 20, 1951.

(f) An action to recover damages under NRS 41.740.

5. Within 1 year:

(a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention or sale of, or injury to, goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making the seizure.

(b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

[1911 CPA § 25; A 1951, 247]—(NRS A 1965, 948, 1415; 1967, 113; 1981, 1023, 1885; 1983, 612; 1985, 698; 1987, 14, 1346; 1991, 117; 1993, 454, 2628; 1997, 1591; 1999, 1238; 2005, 1424; 2007, 742, 2472, 2848; 2011, 1745; 2013, 1027; 2015, 2576; 2017, 4354; 2021, 1353, 1453; 2023, 582, 1413)

NRS 11.200 Computation of time.

1. The time in NRS 11.190 shall be deemed to date from the last transaction or the last item charged or last credit given; and whenever any payment on principal or interest has been or shall be made upon an existing contract, whether it be a bill of exchange, promissory note or other evidence of indebtedness if such payment be made after the same shall have become due, the limitation shall commence from the time the last payment was made.

2. Notwithstanding any other provision of law, any payment on a debt, affirmation of a debt or other activity taken relating to a debt by a debtor after the time in NRS 11.190 has expired does not revive the applicable limitation.

[1911 CPA § 26; RL § 4968; NCL § 8525]—(NRS A 2023, 3606)

NRS 11.201 Actions for common-law wrongful termination of employment.

1. An action in tort for common-law wrongful termination of employment must be commenced within 2 years after the date of the termination of employment.

2. The time limitation set forth in subsection 1 is tolled from the date that an administrative complaint relating to the termination of employment is filed with a federal or state agency until 93 days after the conclusion of the administrative proceedings concerning the complaint.

(Added to NRS by 2021, 723)

NRS 11.202 Actions for damages for injury or wrongful death caused by deficiency in construction of improvements to real property.

1. No action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property more than 10 years after the substantial completion of such an improvement, for the recovery of damages for:

(a) Except as otherwise provided in subsection 2, any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement;

(b) Injury to real or personal property caused by any such deficiency; or

2. Except as otherwise provided in this subsection, an action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property at any time after the substantial completion of such an improvement, for the recovery of damages for any act of fraud in causing a deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement. The provisions of this subsection do not apply to any lower-tiered subcontractor who performs work that covers up a defect or deficiency in another contractor’s trade if the lower-tiered subcontractor does not know, and should not reasonably know, of the existence of the alleged defect or deficiency at the time of performing such work. As used in this subsection, “lower-tiered subcontractor” has the meaning ascribed to it in NRS 624.608.

3. The provisions of this section do not apply:

(a) To a claim for indemnity or contribution.

(b) In an action brought against:

(1) The owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State on account of his or her liability as an innkeeper.

(2) Any person on account of a defect in a product.

(Added to NRS by 1983, 1238; A 2015, 17; 2019, 2262)

1. Except as otherwise provided in subsection 2, for the purposes of this section and NRS 11.202, the date of substantial completion of an improvement to real property shall be deemed to be the date on which:

(a) The final building inspection of the improvement is conducted;

(b) A notice of completion is issued for the improvement; or

Ê whichever occurs later.

2. If none of the events described in subsection 1 occurs, the date of substantial completion of an improvement to real property must be determined by the rules of the common law.

(Added to NRS by 1999, 1444; A 2015, 17)

NRS 11.207 Malpractice actions against attorneys and veterinarians.

1. An action against an attorney or veterinarian to recover damages for malpractice, whether based on a breach of duty or contract, must be commenced within 4 years after the plaintiff sustains damage or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action, whichever occurs earlier.

2. This time limitation is tolled for any period during which the attorney or veterinarian conceals any act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to the attorney or veterinarian.

(Added to NRS by 1981, 1023; A 1997, 478)

NRS 11.2075 Malpractice actions against accountants.

1. An action against an accountant or accounting firm to recover damages for malpractice must be commenced within:

(a) Two years after the date on which the alleged act, error or omission is discovered or should have been discovered through the use of reasonable diligence;

(b) Four years after completion of performance of the service for which the action is brought; or

(c) Four years after the date of the initial issuance of the report prepared by the accountant or accounting firm regarding the financial statements or other information,

Ê whichever occurs earlier.

2. The time limitation set forth in subsection 1 is tolled for any period during which the accountant or accounting firm conceals the act, error or omission upon which the action is founded and which is known or through the use of reasonable diligence should have been known to the accountant or the firm.

3. As used in this section, “accountant” means a person certified or registered as a public accountant pursuant to chapter 628 of NRS who holds a live permit, as defined in NRS 628.019.

(Added to NRS by 1997, 478)

NRS 11.208 Action by contractor against Department of Transportation upon contract for construction, reconstruction, improvement or maintenance of highway. An action by a contractor against the Department of Transportation upon a contract for the construction, reconstruction, improvement or maintenance of a highway must be commenced within 3 years after the date of the:

1. Completion of the contract; or

2. Determination of the engineer or decision of the Board of Directors of the Department of Transportation on an appeal of a claim arising from the contract as provided in the standard specifications for construction of roads and bridges adopted by the Department,

Ê whichever occurs later.

(Added to NRS by 1987, 631; A 1989, 1313)

1. No action against an original contractor for the recovery of wages due an employee of a subcontractor or other contractor acting under, by or for the original contractor, or contributions, premiums or benefits required to be made or paid on account of the employee, or any other indebtedness for labor performed by the employee owed to an employee may be commenced more than 2 years after the date the indebtedness for labor should have been made or paid by the subcontractor.

2. As used in this section, “original contractor” has the meaning ascribed to it in NRS 608.150.

(Added to NRS by 1983, 1350; A 2015, 1932; 2017, 1210)

NRS 11.2095 Action to recover payment for money owed to hospital.

1. Except as otherwise provided in this section, an action against a person to recover payment for any amount owed to a hospital for hospital care provided to the person at the hospital must be commenced not later than 4 years after the date on which any payment that is due for the services is not paid.

2. The period provided in subsection 1 is tolled during any periods in which the hospital is awaiting a determination concerning eligibility for, or the amount of, benefits from an insurer or public program and during any periods in which payments are being made.

3. As used in this section, “hospital care” has the meaning ascribed to it in NRS 428.155.

(Added to NRS by 2007, 1498)

NRS 11.210 Mutual open accounts; accrual of cause of action. In an action brought 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 time of the last item proved in the account on either side.

[1911 CPA § 27; RL § 4969; NCL § 8526]

NRS 11.215 Actions for damages for injury arising from sexual abuse or sexual exploitation of minor; actions involving injury arising from appearance of minor in pornography.

1. An action to recover damages for an injury to a person arising from the sexual abuse or sexual exploitation of the plaintiff which occurred when the plaintiff was less than 18 years of age may be commenced against the alleged perpetrator or person convicted of the sexual abuse or sexual exploitation of the plaintiff at any time after the sexual abuse or sexual exploitation occurred. In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual abuse or sexual exploitation, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury.

2. An action to recover damages pursuant to NRS 41.1396 may be commenced at any time.

3. An action to recover damages pursuant to NRS 41.13965 must be commenced within 20 years after the plaintiff reaches 18 years of age.

4. As used in this section:

(a) “Sexual abuse” has the meaning ascribed to it in NRS 432B.100.

(b) “Sexual exploitation” has the meaning ascribed to it in NRS 432B.110.

(Added to NRS by 1991, 117; A 1993, 254, 455, 456; 2009, 2663; 2017, 483; 2021, 1585)

NRS 11.217 Actions for damages for injury arising from sexual assault of adult.

1. An action to recover damages for an injury to a person arising from the sexual assault of the plaintiff which occurred when the plaintiff was 18 years of age or older may be commenced against the alleged perpetrator or person convicted of the sexual assault at any time after the sexual assault occurred. In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual assault, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury.

2. As used in this section, “sexual assault” has the meaning ascribed to it in NRS 200.366.

(Added to NRS by 2023, 581)

NRS 11.220 Action for relief not otherwise provided for. An action for relief, not hereinbefore provided for, must be commenced within 4 years after the cause of action shall have accrued, regardless of whether the underlying cause of action is analogous to that of any other cause of action with a statute of limitations expressly prescribed by law.

[1911 CPA § 28; RL § 4970; NCL § 8527]—(NRS A 2021, 723)

NRS 11.245 Actions brought by Attorney General for deceptive trade practices. There is no limitation on the time in which an action brought by the Attorney General against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, other than a deceptive trade practice of the type described in NRS 598.09235, may be commenced.

(Added to NRS by 2021, 1353)

NRS 11.250 Disabilities preventing running of statute. If a person entitled to bring an action other than for the recovery of real property be, at the time the cause of action accrued, either:

1. Within the age of 18 years; or

2. Insane; or

3. In the custodial care of the State, if placed in such care while less than 18 years of age, except when the person is imprisoned, paroled or on probation,

Ê the time of such disability shall not be a part of the time limited for the commencement of the action.

[1911 CPA § 34; A 1951, 54]—(NRS A 1973, 1577; 1977, 1081)

ACTIONS BY OR ON BEHALF OF THIS STATE

NRS 11.255 Actions by or on behalf of this State.

1. The provisions of this chapter concerning actions other than for the recovery of real property shall apply to actions brought in the name of the State, or for the benefit of the State, in the same manner as to actions by private individuals.

2. Except as provided in NRS 11.030 and 11.040, there shall be no limitation of actions brought in the name of the State, or for the benefit of the State, for the recovery of real property.

(Added to NRS by 1963, 362)

REQUIREMENTS FOR ACTIONS INVOLVING NONRESIDENTIAL CONSTRUCTION AGAINST DESIGN PROFESSIONALS

NRS 11.256 Definitions. As used in NRS 11.256 to 11.259, inclusive, unless the context otherwise requires, the words and terms defined in NRS 11.2565 and 11.257 have the meanings ascribed to them in those sections.

(Added to NRS by 2007, 646)

NRS 11.2565 “Action involving nonresidential construction” defined.

1. “Action involving nonresidential construction” means an action that:

(a) Is commenced against a design professional; and

(b) Involves the design, construction, manufacture, repair or landscaping of a nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance, including, without limitation, the design, construction, manufacture, repair or landscaping of a new nonresidential building or structure, of an alteration of or addition to an existing nonresidential building or structure, or of an appurtenance.

Ê The term includes, without limitation, an action for professional negligence.

2. As used in this section:

(a) “Appurtenance” means a structure, installation, facility, amenity or other improvement that is appurtenant to or benefits one or more nonresidential buildings or structures, but is not a part of the nonresidential building or structure. The term includes, without limitation, the parcel of real property, recreational facilities, walls, sidewalks, driveways, landscaping and other structures, installations, facilities and amenities associated with or benefiting one or more nonresidential buildings or structures.

(b) “Design professional” means a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of NRS or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 646)

NRS 11.257 “Complainant” defined. “Complainant” means a person who files an action involving nonresidential construction.

(Added to NRS by 2007, 647)

NRS 11.258 Attorney required to consult expert; required affidavit of attorney; required report of expert.

1. Except as otherwise provided in subsection 2, in an action involving nonresidential construction, the attorney for the complainant shall file an affidavit with the court concurrently with the service of the first pleading in the action stating that the attorney:

(a) Has reviewed the facts of the case;

(b) Has consulted with an expert;

(c) Reasonably believes the expert who was consulted is knowledgeable in the relevant discipline involved in the action; and

(d) Has concluded on the basis of the review and the consultation with the expert that the action has a reasonable basis in law and fact.

2. The attorney for the complainant may file the affidavit required pursuant to subsection 1 at a later time if the attorney could not consult with an expert and prepare the affidavit before filing the action without causing the action to be impaired or barred by the statute of limitations or repose, or other limitations prescribed by law. If the attorney must submit the affidavit late, the attorney shall file an affidavit concurrently with the service of the first pleading in the action stating the reason for failing to comply with subsection 1 and the attorney shall consult with an expert and file the affidavit required pursuant to subsection 1 not later than 45 days after filing the action.

3. In addition to the statement included in the affidavit pursuant to subsection 1, a report must be attached to the affidavit. Except as otherwise provided in subsection 4, the report must be prepared by the expert consulted by the attorney and must include, without limitation:

(a) The resume of the expert;

(b) A statement that the expert is experienced in each discipline which is the subject of the report;

(c) A copy of each nonprivileged document reviewed by the expert in preparing the report, including, without limitation, each record, report and related document that the expert has determined is relevant to the allegations of negligent conduct that are the basis for the action;

(d) The conclusions of the expert and the basis for the conclusions; and

(e) A statement that the expert has concluded that there is a reasonable basis for filing the action.

4. In an action in which an affidavit is required to be filed pursuant to subsection 1:

(a) The report required pursuant to subsection 3 is not required to include the information set forth in paragraphs (c) and (d) of subsection 3 if the complainant or the complainant’s attorney files an affidavit, at the time that the affidavit is filed pursuant to subsection 1, stating that he or she made reasonable efforts to obtain the nonprivileged documents described in paragraph (c) of subsection 3, but was unable to obtain such documents before filing the action;

(b) The complainant or the complainant’s attorney shall amend the report required pursuant to subsection 3 to include any documents and information required pursuant to paragraph (c) or (d) of subsection 3 as soon as reasonably practicable after receiving the document or information; and

(c) The court may dismiss the action if the complainant and the complainant’s attorney fail to comply with the requirements of paragraph (b).

5. An expert consulted by an attorney to prepare an affidavit pursuant to this section must not be a party to the action.

6. As used in this section, “expert” means a person who is licensed in a state to engage in the practice of professional engineering, land surveying, architecture or landscape architecture.

(Added to NRS by 2007, 647)

NRS 11.259 Effect of compliance with or failure to comply with NRS 11.258.

1. The court shall dismiss an action involving nonresidential construction if the attorney for the complainant fails to:

(a) File an affidavit required pursuant to NRS 11.258;

(b) File a report required pursuant to subsection 3 of NRS 11.258; or

2. The fact that an attorney for a complainant has complied or failed to comply with the provisions of NRS 11.256 to 11.259, inclusive, is admissible in the action.

(Added to NRS by 2007, 648)

MISCELLANEOUS LIMITATIONS

NRS 11.260 Action to recover estate sold by guardian. No action for the recovery of any estate sold by a guardian can be maintained by the protected person, or by any person claiming under the protected person, unless it is commenced within 3 years next after the termination of the guardianship.

[1911 CPA § 21; RL § 4963; NCL § 8520]

NRS 11.270 Action to recover estate sold by executor or administrator. No action for the recovery of any estate sold by an executor or administrator in the course of any probate proceeding can be maintained by any heir or other person claiming under the decedent, unless it be commenced within 3 years next after the sale. An action to set aside the sale may be instituted and maintained at any time within 3 years from the discovery of the fraud or other lawful grounds upon which the action is based.

[1911 CPA § 22; RL § 4964; NCL § 8521]

NRS 11.275 Action against estate for which letters of administration have not been issued.

1. Except as provided in subsection 2, no action can be maintained against an estate for which letters of administration have not been issued unless it is commenced within 3 years next after the death of the decedent.

2. This section does not affect:

(a) Any lien created by a mortgage or deed of trust which is recorded or a security agreement which is filed.

(b) The rights of any person who is in possession of personal property of the estate.

(Added to NRS by 1979, 652)

NRS 11.280 Legal disability prevents running of statute. NRS 11.260 and 11.270 shall not apply to minors or others under any legal disability to sue at the time when the right of action first accrues, but all such persons may commence an action at any time within 1 year after the removal of the disability.

[1911 CPA § 23; RL § 4965; NCL § 8522]

NRS 11.290 No limitation of action for deposit of money or property; exception. Except as otherwise provided in subsection 5 of NRS 104.3118, to actions brought to recover money or other property deposited with any bank, credit union, banker, trust company or savings and loan society, there is no limitation.

[1911 CPA § 32; RL § 4974; NCL § 8531]—(NRS A 1993, 1316; 1999, 1454)

NRS 11.300 Absence from State suspends running of statute. If, when the cause of action shall accrue against a person, the person is out of the State, the action may be commenced within the time herein limited after the person’s return to the State; and if after the cause of action shall have accrued the person departs from the State, the time of the absence shall not be part of the time prescribed for the commencement of the action.

[1911 CPA § 33; RL § 4975; NCL § 8532]

NRS 11.310 Death of person entitled to bring action before limitation expires; death of person against whom an action may be brought.

1. If the 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 the person’s representatives, after the expiration of that time, and within 1 year from the person’s death.

2. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced against the person’s executors or administrators after the expiration of that time, and within 1 year after the issuing of letters testamentary or of administration; provided:

(a) The final account of such executor or administrator in the estate of such decedent be not sooner filed, and that a claim therefor be presented as required by the law governing estates of deceased persons.

(b) That no real estate of a deceased person shall be liable for the debts of the deceased person other than recorded encumbrances, unless letters testamentary or of administration be granted within 3 years from the date of the death of such decedent, any law to the contrary notwithstanding.

[Part 1911 CPA § 35; A 1925, 17; NCL § 8534]

NRS 11.320 Statute suspended when person against whom cause of action exists dies out of State. If a person against whom a cause of action exists dies without the State, the time which elapses between the person’s death and the expiration of 1 year after the issuing, within this state, of letters testamentary or letters of administration is not a part of the time limited for the commencement of an action therefor against the person’s executor or administrator.

[1911 CPA § 36; RL § 4978; NCL § 8535]

NRS 11.330 Action by enemy alien; war suspends limitation. When a person shall be an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action; but nothing in this section shall be so construed as to consider any citizen or person of any state engaged in rebellion against the United States Government as an alien.

[1911 CPA § 37; RL § 4979; NCL § 8536]

NRS 11.340 Reversal of judgment; new action to be brought within 1 year. If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if the plaintiff dies and the cause of action survives, the plaintiff’s heirs or representatives, may commence a new action within 1 year after the reversal.

[1911 CPA § 38; RL § 4980; NCL § 8537]

NRS 11.350 Action stayed by injunction. When the commencement of one action shall be stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition shall not be part of the time limited for the commencement of the action.

[1911 CPA § 39; RL § 4981; NCL § 8538]

NRS 11.360 Disability must exist when right of action accrued. No person shall avail himself or herself of a disability, unless it existed when his or her right of action accrued.

[1911 CPA § 40; RL § 4982; NCL § 8539]

NRS 11.370 Coexisting disabilities must be removed. When two or more disabilities coexist, at the time the right of action accrues, the limitation shall not attach until they all be removed.

[1911 CPA § 41; RL § 4983; NCL § 8540]

NRS 11.380 Actions against directors or stockholders of corporations. The preceding sections of this chapter shall not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed or to enforce a liability created by law; but such actions must be brought within 3 years after the discovery, by the aggrieved party, of the facts upon which the penalty or forfeiture attached, or the liability was created.

[1911 CPA § 42; RL § 4984; NCL § 8541]

NRS 11.390 Acknowledgment or new promise must be in writing; exception. 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 be contained in some writing signed by the party to be charged thereby, except as provided in NRS 11.200.

[1911 CPA § 43; RL § 4985; NCL § 8542]

RECOMMENCEMENT OF CERTAIN ACTIONS

NRS 11.500 Recommencement of actions dismissed for lack of subject matter jurisdiction.

1. Notwithstanding any other provision of law, and except as otherwise provided in this section, if an action that is commenced within the applicable period of limitations is dismissed because the court lacked jurisdiction over the subject matter of the action, the action may be recommenced in the court having jurisdiction within:

(a) The applicable period of limitations; or

(b) Ninety days after the action is dismissed,

Ê whichever is later.

2. An action may be recommenced only one time pursuant to paragraph (b) of subsection 1.

3. An action may not be recommenced pursuant to paragraph (b) of subsection 1 more than 5 years after the date on which the original action was commenced.

4. Paragraph (b) of subsection 1 does not apply to a contract that is subject to the provisions of chapters 104 to 104C, inclusive, of NRS.

(Added to NRS by 2003, 2134; A 2005, 247)