Section 37-2-14 – [Revivor in name of plaintiff’s representative or successor; revivor on both sides.]
An order to revive an action in the names of the representatives or successor of a plaintiff may be made forthwith, but shall not be made without the consent of the defendant, after the expiration of one year from the time the order might have been first made; but where the defendant shall also have […]
Section 37-2-15 – [When action to be stricken from docket.]
When it appears to the court by affidavit that either party to an action has been dead, or where a party sues, or is sued as a personal representative, that his powers have ceased for a period so long that the action cannot be revived in the names of his representatives or successor, without the […]
Section 37-2-5 – [Death or cessation of power; procedure when right of action survives to or against coparty.]
Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record. […]
Section 37-1-26 – [Questioning of privilege or franchise granted by municipal corporation.]
No action or suit shall be brought to call in question any privilege or franchise granted by any municipal corporation, unless the same shall be brought within six years after the same shall have been granted, or claimed to have been granted, and any such privilege or franchise heretofore granted by any municipal corporation shall, […]
Section 37-1-27 – Construction projects; limitation on actions for defective or unsafe conditions.
No action to recover damages for any injury to property, real or personal, or for injury to the person, or for bodily injury or wrongful death, arising out of the defective or unsafe condition of a physical improvement to real property, nor any action for contribution or indemnity for damages so sustained, against any person […]
Section 37-1-28 – Real estate; limitation on actions for defects of title.
A. After fifteen years from the date an instrument affecting title to real estate is recorded, no action shall be brought for recovery of the real estate because: (1) the instrument was not signed by the proper officer of a corporation; (2) the record does not show any authorization for the instrument by the board […]
Section 37-1-29 – Limitation [on parent-child relationship determination].
An action to determine a parent and child relationship shall be brought no later than three years after the child has reached the age of majority. History: 1978 Comp., § 37-1-29, enacted by Laws 1985, ch. 105, § 18. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part […]
Section 37-1-30 – Action for damages due to childhood sexual abuse; limitation on actions.
A. An action for damages based on personal injury caused by childhood sexual abuse shall be commenced by a person before the latest of the following dates: (1) the first instant of the person’s twenty-fourth birthday; or (2) three years from the date that a person first disclosed the person’s childhood sexual abuse to a […]
Section 37-2-1 – What causes of action survive.
In addition to the causes of action which survive at common law, causes of action for mesne profits, or for an injury to real or personal estate, or for any deceit or fraud, shall also survive, and the action may be brought, notwithstanding the death of the person entitled or liable to the same. The […]
Section 37-2-2 – [Transfer pendente lite; no abatement.]
No action shall abate by the transfer of any interest therein during its pendency. History: Laws 1880, ch. 6, § 9; C.L. 1884, § 2155; C.L. 1897, § 3104; Code 1915, § 4281; C.S. 1929, § 105-1219; 1941 Comp., § 19-702; 1953 Comp., § 21-7-2. ANNOTATIONS Bracketed material. — The bracketed material was inserted by […]