2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 3 - Limitation Of Actions

CHAPTER 3 - LIMITATION OF ACTIONS

 

1-3-101. Applicability of provisions.

 

This chapter shall not apply in the case of a continuing and subsisting trust, nor to an action by a vendee of real property in possession thereof to obtain a conveyance of it.

 

1-3-102. When actions may be commenced.

 

Civil actions can only be commenced within the periods prescribed in this chapter, after the cause of action accrues, but where a different limitation is prescribed by statute, that shall govern.

 

1-3-103. Recovery of real property; generally.

 

An action for the recovery of the title or possession of lands, tenements or hereditaments can only be brought within ten (10) years after the cause of such action accrues.

 

1-3-104. Recovery of real property; legal disability.

 

Any person entitled to bring an action for the recovery of real property who is under any legal disability when the cause of action accrues may bring his action 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 property can only be brought within the following periods after the cause of action accrues:

 

(i) Within ten (10) years, an action upon a specialty or any contract, 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 forfeiture or penalty.

 

(iii) Within five (5) years after the debtor establishes residence in Wyoming, an action on a foreign claim, judgment or contract, express or implied, contracted or incurred and accrued before the debtor became a 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, detaining or injuring personal property;

 

(C) An injury to the rights of the plaintiff, not arising on contract 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 if a different limitation is prescribed in the statute by which the remedy is given the action shall be brought within the period prescribed by the statute.

 

(b) Notwithstanding subsection (a) of this section, a civil action based upon sexual assault as defined by W.S. 6-2-301(a)(v) against a minor 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.

 

A cause of action for the wrongful taking of personal property is not deemed to have accrued until the wrongdoer is discovered. A cause of action on the ground of fraud is not deemed to have accrued until the discovery of the fraud.

 

1-3-107. Act, error or omission in rendering professional or health care services.

 

(a) A cause of action arising from an act, error or omission in the rendering of licensed or certified professional or health care services shall be brought within the greater of the following times:

 

(i) Within two (2) years of the date of the alleged act, error or 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 the claimant 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 or omission within the two (2) year period despite the exercise of due diligence.

 

(ii) For injury to the rights of a minor, by his eighth birthday or 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 instituted not more than two (2) years after discovery of the alleged act, error or omission, if the claimant can establish that the alleged act, error or omission was:

 

(A) Not reasonably discoverable within the two (2) year period; or

 

(B) That the claimant failed to discover the alleged act, error or omission within the two (2) year period despite the exercise of due diligence.

 

(iii) For injury to the rights of a plaintiff suffering from a legal disability other than minority, within one (1) year of the removal of the disability;

 

(iv) If under paragraph (i) or (ii) of this subsection, the alleged 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 for commencing a lawsuit shall be extended by six (6) months.

 

(b) This section applies to all persons regardless of minority or other legal disability.

 

1-3-108. Official bonds and statutory undertakings.

 

An action upon the official bond of an officer, assignee, trustee, executor, administrator or guardian, or upon a bond given in pursuance of a statute can only be brought within ten (10) years after the cause of action accrues.

 

1-3-109. Actions not otherwise limited.

 

An action for relief, not hereinbefore provided for, can only be brought within ten (10) years after the cause of action accrues.

 

1-3-110. "Substantial completion" defined.

 

As used in this act "substantial completion" means the degree of completion at which the owner can utilize the improvement for the purpose for which it was intended.

 

1-3-111. Improvements to real property; generally.

 

(a) Unless the parties to the contract agree otherwise, no action to recover damages, whether in tort, contract, indemnity or otherwise, shall be brought more than ten (10) years after substantial completion of an improvement to real property, against any person constructing, altering or repairing the improvement, manufacturing or furnishing materials incorporated in the improvement, or performing or furnishing services in the design, planning, surveying, supervision, observation or management of construction, or administration of construction contracts for:

 

(i) Any deficiency in the design, planning, supervision, construction, surveying, manufacturing or supplying of materials or observation or management of construction;

 

(ii) Injury to any property arising out of any deficiency listed in paragraph (i) of this subsection; or

 

(iii) Injury to the person or wrongful death arising out of any deficiency listed in paragraph (i) of this subsection.

 

(b) Notwithstanding the provisions of subsection (a) of this section, if an injury to property or person or an injury causing wrongful death occurs during the ninth year after substantial completion of the improvement to real property, an action to recover damages for the injury or wrongful death may be brought within one (1) year after the date on which the injury occurs.

 

(c) This section shall not be construed to extend the period for bringing an action allowed by the laws of this state.

 

1-3-112. Improvements to real property; exception as to persons in possession or control.

 

The limitation prescribed by this act shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant or otherwise, of the improvement at the time any deficiency in the improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

 

1-3-113. Improvements to real property; extension of limitations precluded.

 

Nothing in this act shall be construed as extending the period prescribed by law for the bringing of any action.

 

1-3-114. Legal disabilities.

 

If a person entitled to bring any action except for an action arising from error or omission in the rendering of licensed or certified professional or health care services or for a penalty or forfeiture, is, at the time the cause of action accrues, a minor or subject to any other legal disability, the person may bring the action within three (3) years after the disability is removed or within any other statutory period of limitation, whichever is greater.

 

1-3-115. Liability created by federal statute.

 

All actions upon a liability created by a federal statute, other than a forfeiture or penalty, for which no period of limitations is provided in such statute, shall be commenced within two (2) years after the cause of action has accrued.

 

1-3-116. Absence from state, abscondence or concealment.

 

If a cause of action accrues against a person when he is out of the state, or has absconded or concealed himself, the period limited for the commencement of the action does not begin to run until he comes into the state or while he is so absconded or concealed. If after the cause of action accrues he departs from the state or absconds or conceals himself, the time of his absence or concealment is not computed as a part of the period within which the action shall be brought.

 

1-3-117. Effect of foreign law.

 

If by the laws of the state or country where the cause of action arose the action is barred, it is also barred in this state.

 

1-3-118. Right to commence new action.

 

If in an action commenced in due time a judgment for the plaintiff is reversed, or if the plaintiff fails otherwise than upon the merits and the time limited for the commencement of the action has expired at the date of the reversal or failure, the plaintiff, or his representatives if he dies and if the cause of action survives, may commence a new action within one (1) year after the date of the failure or reversal. This provision also applies to any claim asserted in any pleading by a defendant.

 

1-3-119. Effect of partial payment or new promise in writing.

 

When payment has been made upon any demand founded on contract or a written acknowledgment thereof, or promise to pay the same has been made and signed by the party to be charged, the time for commencing an action runs from the date of such payment, acknowledgment or promise.