2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 3 - Civil Procedure
CHAPTER 614 - LIMITATIONS OF ACTIONS
614.1 - PERIOD.

        614.1  PERIOD.
         Actions may be brought within the times herein limited,
      respectively, after their causes accrue, and not afterwards, except
      when otherwise specially declared:
         1.  Penalties or forfeitures under ordinance.  Those to
      enforce the payment of a penalty or forfeiture under an ordinance,
      within one year.
         2.  Injuries to person or reputation -- relative rights --
      statute penalty.  Those founded on injuries to the person or
      reputation, including injuries to relative rights, whether based on
      contract or tort, or for a statute penalty, within two years.
         2A.  With respect to products.
         a.  Those founded on the death of a person or injuries to the
      person or property brought against the manufacturer, assembler,
      designer, supplier of specifications, seller, lessor, or distributor
      of a product based upon an alleged defect in the design, inspection,
      testing, manufacturing, formulation, marketing, packaging, warning,
      labeling of the product, or any other alleged defect or failure of
      whatever nature or kind, based on the theories of strict liability in
      tort, negligence, or breach of an implied warranty shall not be
      commenced more than fifteen years after the product was first
      purchased, leased, bailed, or installed for use or consumption unless
      expressly warranted for a longer period of time by the manufacturer,
      assembler, designer, supplier of specifications, seller, lessor, or
      distributor of the product.  This subsection shall not affect the
      time during which a person found liable may seek and obtain
      contribution or indemnity from another person whose actual fault
      caused a product to be defective.  This subsection shall not apply if
      the manufacturer, assembler, designer, supplier of specifications,
      seller, lessor, or distributor of the product intentionally
      misrepresents facts about the product or fraudulently conceals
      information about the product and that conduct was a substantial
      cause of the claimant's harm.
         b. (1)  The fifteen-year limitation in paragraph "a" shall
      not apply to the time period in which to discover a disease that is
      latent and caused by exposure to a harmful material, in which event
      the cause of action shall be deemed to have accrued when the disease
      and such disease's cause have been made known to the person or at the
      point the person should have been aware of the disease and such
      disease's cause.  This subsection shall not apply to cases governed
      by subsection 11 of this section.
         (2)  As used in this paragraph, "harmful material" means
      silicone gel breast implants, which were implanted prior to July 12,
      1992; and chemical substances commonly known as asbestos, dioxins,
      tobacco, or polychlorinated biphenyls, whether alone or as part of
      any product; or any substance which is determined to present an
      unreasonable risk of injury to health or the environment by the
      United States environmental protection agency pursuant to the federal
      Toxic Substance Control Act, 15 U.S.C. § 2601 et seq., or by this
      state, if that risk is regulated by the United States environmental
      protection agency or this state.
         3.  Against sheriff or other public officer.  Those against a
      sheriff or other public officer for the nonpayment of money collected
      on execution within three years of collection.
         4.  Unwritten contracts -- injuries to property -- fraud --
      other actions.  Those founded on unwritten contracts, those brought
      for injuries to property, or for relief on the ground of fraud in
      cases heretofore solely cognizable in a court of chancery, and all
      other actions not otherwise provided for in this respect, within five
      years, except as provided by subsections 8 and 10.
         5.  Written contracts -- judgments of courts not of record --
      recovery of real property.  Those founded on written contracts, or
      on judgments of any courts except those provided for in subsection 6,
      and those brought for the recovery of real property, within ten
      years.
         6.  Judgments of courts of record.  Those founded on a
      judgment of a court of record, whether of this or of any other of the
      United States, or of the federal courts of the United States, within
      twenty years, except that a time period limitation shall not apply to
      an action to recover a judgment for child support, spousal support,
      or a judgment of distribution of marital assets.
         7.  Judgment quieting title.  No action shall be brought to
      set aside a judgment or decree quieting title to real estate unless
      the same shall be commenced within ten years from and after the
      rendition thereof.
         8.  Wages.  Those founded on claims for wages or for a
      liability or penalty for failure to pay wages, within two years.
         9.  Malpractice.
         a.  Except as provided in paragraph "b", those founded on
      injuries to the person or wrongful death against any physician and
      surgeon, osteopathic physician and surgeon, dentist, podiatric
      physician, optometrist, pharmacist, chiropractor, physician
      assistant, or nurse, licensed under chapter 147, or a hospital
      licensed under chapter 135B, arising out of patient care, within two
      years after the date on which the claimant knew, or through the use
      of reasonable diligence should have known, or received notice in
      writing of the existence of, the injury or death for which damages
      are sought in the action, whichever of the dates occurs first, but in
      no event shall any action be brought more than six years after the
      date on which occurred the act or omission or occurrence alleged in
      the action to have been the cause of the injury or death unless a
      foreign object unintentionally left in the body caused the injury or
      death.
         b.  An action subject to paragraph "a" and brought on
      behalf of a minor who was under the age of eight years when the act,
      omission, or occurrence alleged in the action occurred shall be
      commenced no later than the minor's tenth birthday or as provided in
      paragraph "a", whichever is later.
         10.  Secured interest in farm products.  Those founded on a
      secured interest in farm products, within two years from the date of
      sale of the farm products against the secured interest of the
      creditor.
         11.  Improvements to real property.  In addition to
      limitations contained elsewhere in this section, an action arising
      out of the unsafe or defective condition of an improvement to real
      property based on tort and implied warranty and for contribution and
      indemnity, and founded on injury to property, real or personal, or
      injury to the person or wrongful death, shall not be brought more
      than fifteen years after the date on which occurred the act or
      omission of the defendant alleged in the action to have been the
      cause of the injury or death.  However, this subsection does not bar
      an action against a person solely in the person's capacity as an
      owner, occupant, or operator of an improvement to real property.
         12.  Sexual abuse or sexual exploitation by a counselor,
      therapist, or school employee.  An action for damages for injury
      suffered as a result of sexual abuse, as defined in section 709.1, by
      a counselor, therapist, or school employee, as defined in section
      709.15, or as a result of sexual exploitation by a counselor,
      therapist, or school employee shall be brought within five years of
      the date the victim was last treated by the counselor or therapist,
      or within five years of the date the victim was last enrolled in or
      attended the school.
         13.  Public bonds or obligations.  Those founded on the
      cancellation, transfer, redemption, or replacement of public bonds or
      obligations by an issuer, trustee, transfer agent, registrar,
      depository, paying agent, or other agent of the public bonds or
      obligations, within eleven years of the cancellation, transfer,
      redemption, or replacement of the public bonds or obligations.
         14.  County collection of taxes.  No time limitation shall
      apply to an action brought by a county under section 445.3 to collect
      delinquent real property taxes levied on or after April 1, 1992.  

         Section History: Early Form

         [C51, § 1659; R60, § 1075, 1865, 2740; C73, § 486, 2529; C97, §
      3447; S13, § 2963-g, 3447; C24, 27, 31, 35, 39, § 11007; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 614.1] 

         Section History: Recent Form

         83 Acts, ch 69, § 1, 2; 86 Acts, ch 1120, § 1; 91 Acts, ch 130, §
      3; 92 Acts, ch 1199, § 1; 93 Acts, ch 89, §3; 95 Acts, ch 108, §21;
      97 Acts, ch 175, § 235; 97 Acts, ch 197, §5, 6, 16; 98 Acts, ch 1100,
      §78; 2002 Acts, ch 1050, §51; 2003 Acts, ch 180, §62; 2007 Acts, ch
      40, §1; 2008 Acts, ch 1032, §83; 2008 Acts, ch 1088, §141
         Referred to in § 222.82, 522B.17A, 614.8, 715B.4, 910.15