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Home » US Law » 2022 North Carolina General Statutes » Chapter 1 - Civil Procedure » Article 3 - Limitations, General Provisions.

§ 1-15 – Statute runs from accrual of action.

1-15. Statute runs from accrual of action. (a) Civil actions can only be commenced within the periods prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute. (b) Repealed by Session Laws 1979, c. 654, s. 3. (c) Except where otherwise provided […]

§ 1-17 – Disabilities.

1-17. Disabilities. (a) A person entitled to commence an action who is under a disability at the time the cause of action accrued may bring his or her action within the time limited in this Subchapter, after the disability is removed, except in an action for the recovery of real property, or to make an […]

§ 1-18 – Disability of marriage.

1-18. Disability of marriage. In any action in which the defense of adverse possession is relied upon, the time computed as constituting such adverse possession shall not include any possession had against a feme covert during coverture prior to February 13, 1899. (1899, c. 78, ss. 2, 3; Rev., s. 363; C.S., s. 408.)

§ 1-19 – Cumulative disabilities.

1-19. Cumulative disabilities. When two or more disabilities coexist at the time the right of action accrues, or when one disability supervenes an existing one, the limitation does not attach until they all are removed. (C.C.P., ss. 28, 49; Code, ss. 149, 170; Rev., s. 364; C.S., s. 409.)

§ 1-21 – Defendant out of State; when action begun or judgment enforced.

1-21. Defendant out of State; when action begun or judgment enforced. If when the cause of action accrues or judgment is rendered or docketed against a person, he is out of the State, action may be commenced, or judgment enforced within the times herein limited after the return of the person into this State, and […]

§ 1-23 – Time of stay by injunction or prohibition.

1-23. Time of stay by injunction or prohibition. When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action. (C.C.P., s. 46; Code, s. 167; Rev., s. 368; C.S., s. […]

§ 1-24 – Time during controversy on probate of will or granting letters.

1-24. Time during controversy on probate of will or granting letters. In reckoning time when pleaded as a bar to actions, that period shall not be counted which elapses during any controversy on the probate of a will or granting letters of administration, unless there is an administrator appointed during the pendency of the action, […]

§ 1-26 – New promise must be in writing.

1-26. New promise must be in writing. No acknowledgment or promise is evidence of a new or continuing contract, from which the statutes of limitations run, unless it is contained in some writing signed by the party to be charged thereby; but this section does not alter the effect of any payment of principal or […]

§ 1-28 – Undisclosed partner.

1-28. Undisclosed partner. The statutes of limitations apply to a civil action brought against an undisclosed partner only from the time the partnership became known to the plaintiff. (1893, c. 151; Rev., s. 373; C.S., s. 418.)

§ 1-29 – Cotenants.

1-29. Cotenants. If in actions by tenants in common or joint tenants of personal property, to recover the same, or damages for its detention or injury, any of them are barred of their recovery by limitation of time, the rights of the others are not affected thereby, but they may recover according to their right […]

§ 1-30 – Applicable to actions by State.

1-30. Applicable to actions by State. The limitations prescribed by law apply to civil actions brought in the name of the State, or for its benefit, in the same manner as to actions by or for the benefit of private parties. (C.C.P., s. 38; Code, s. 159; Rev., s. 375; C.S., s. 420.)

§ 1-31 – Action upon a mutual, open and current account.

1-31. Action upon a mutual, open and current account. 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 accrues from the time of the latest item proved in the account on either side. (C.C.P., s. […]

§ 1-32 – Not applicable to bank bills.

1-32. Not applicable to bank bills. The limitations prescribed by law do not affect actions to enforce the payment of bills, notes or other evidences of debt, issued or put in circulation as money by banking corporations incorporated under the laws of this State. (C.C.P., s. 53; 1874-5, c. 170; Code, s. 174; Rev., s. […]

§ 1-33 – Actions against bank directors or stockholders.

1-33. Actions against bank directors or stockholders. The limitations prescribed by law do not affect actions against directors or stockholders of any banking association incorporated under the laws of this State, to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three years […]

§ 1-34 – Aliens in time of war.

1-34. Aliens in time of war. When a person is an alien subject, or a citizen of a country at war with the United States, the time of the continuance of the war is not a part of the period limited for the commencement of the action. (C.C.P., s. 44; Code, s. 165; Rev., s. […]