This section of LawReader.com Practice Room is designed

DISCLAIMER: These cites are obtained from the latest version of

the Kentucky Revised Statutes, and amendments adopted through

July 2000, may or may not be complete since update was taken from bills

and may be changed by Reviser of Statutes before final publication.

This work may or may not contain errors. You should conduct your own 

search of authorities before relying on this material. This is only intended 

as a research aide and not as a final authority. Case rulings, statutory 

amendments, and misinterpretation by LawReader require us to disclaim

all warranties of any kind, express or implied. This work is intended

for use by qualified attorneys as a research tool, and no attempt is hereby

made to provide legal advice. Any non-attorney using these materials

should consult with a licensed attorney.

A. CRIMINAL STATUTES OF LIMITATION

HEADING INDEX OF CRIMINAL STATUTES OF LIMITATION

1. FELONY

KRS 500.050(1) - No limitation on the prosecution of felonies.

KRS 500.050(2) - Prosecution must be commenced within one year with

exceptions stated in statute.

3. VIOLATIONS

KRS 500.050(2) Same as misdemeanors.

KRS 500.050(4)- Diviate sexual intercourse between spouses must

be formally reported (written statement signed by victim) to police within one year.

Note: This section has been amended by acts of the 2000 legislature and

should be reviewed for current law.

KRS 119.355 - If the penalty is less than confinement in penitentiary

then charge must be brought within two years, otherwise treat as felony.

Back  to  Top

B. CRIMINAL PROCEDURAL TIME LIMITS

HEADING INDEX OF CRIMINAL PROCEDURAL TIME LIMITS

34. Motion for New Trial on basis of Newly Discovered

38. Motion for Shock Probation - Misdemeanor Cases

INDEX  OF  HEADINGS  FOR  CRIMAINAL  APELLATE  PROCEDURE

Juveniles.

Appeals of juveniles shall be taken in the manner provided by the Rules

of Criminal Procedure, and shall be heard by the court as soon as reasonably

possible. KRS 610.130.

Adults.

A notice of appeal must be filed within 10 days after the date of entry of

the judgment. If a timely motion for a new trial has been filed, the notice

of appeal may be filed within 10 days of the after the entry of the order

denying a new trial. If the motion for a new trial is made later than 5 days

after the return of the verdict, the appeal must be made from the order overruling

or denying the motion for new trial, and the review on appeal shall be limited to

the grounds timely raised by the motion for new trial. RCr 12.04(3).

An party adversely affected by an order may move the court within ten days

after the date of entry of the order, to reconsider the order. CR 76.34(6),

CR 76.38 (2).

In the case of a motion for new trial based on newly discovered evidence made

later than five days after the return of verdict, the appeal must be from the order

overruling or denying the motion, and the review on appeal shall be limited to

the grounds timely raised by the motion as provided by R 10.06 - RCr 12.04 (3).

A party may file a motion to remove an appeal from the Circuit Court to

the Supreme Court, after the notice of appeal has been filed in the Circuit

Court. CR 74.02, CR 73.01, 74.02.

A party may file a motion to remove an appeal from the Court of Appeals

to the Supreme Court within ten days after the date on which the notice

of appeal has been filed.

The record on appeal shall be prepared and certified by the clerk of the court from

which the appeal is taken within ten days after the filing of the transcript of

evidence by the court reporter. If the proceedings were taken exclusively by

videotape or if there are no proceedings to transcribe, then the record on appeal

shall be certified by the clerk within thirty days after the date of filing the first

notice of appeal. CR 73.08, CR 98(3)(b).

47. RECORD ON APPEAL - IN FORMA PAUPERIS CASES

The time for certifying the record on appeal in video appeals or in appeals

where there is no transcript of evidence, shall run from the date the motion to

proceed in forma Pauperis is granted. CR 73.08.

The designation of untranscribed material shall be filed with the clerk of the

trial court and shall be served on the appellee, the court reporter, if any, and

the clerk of the appellate court. The designation shall be filed within ten days of

the filing of the notice of appeal unless CR 76.03 applies to the appeal, in which

case, the designation shall be filed within ten days of the order ending the the

prehearing procedure under CR 76.03(3).

Within ten days after the service and the filing of such designation, or within ten

days after the time for filing of such designation has expired, any other party to

the appeal may file a designation of additional portions of the untranscribed

proceedings videotaped or stenographically or mechanically recorded as that

party wishes to be included CR 75.021(1).

For good cause shown the appellate court in its discretion may extend the

time for filing designation of record, upon motion duly filed. CR 73.08.

An appeal from a district court must be perfected within 30 days after the

date of filing the first notice of appeal. An appeal is perfected from the

district court by fiilng with the clerk of the circuit court the statement of appeal.

The record on appeal to the circuit court shall consist of the entire original

record of proceedings in the district court, including untranscribed mechanical

recordings made under the supervision and remaining in the custody of the

district court or clerk. CR 72.04, 72.06, 72.08.

51. APPEAL FROM CIRCUIT COURT

An appeal from the circuit court shall be perfected within thirty days after

certification of the record on appeal, subject however to any exensions of time

granted by the appellate court. CR 76.04.

To perfect an appeal from the circuit court, the appellant shall cause the circuit

court clerk to notify the appellate court clerk when the record has been

completed and certified as required by CR 75.07(5), and file with the

appellate court clerk the brief required by CR 76.12, CR 76.02(3).

An appeal from a judgment imposing a sentence of life, 20 years or more

or death, goes directly to the Supreme Court. CR 12.02

In appeals from the circuit court, and proceedings were videotaped, the

appeal shall be perfeced within sixty days after the date of the notation on the

docket of the service of npotice of certification by the circuit clurt clerk under

CR 98 (3)(c).

To perfect an appeal, the appellant shall cause the circuit court clerk’s notice

of certification to be transmitted to the appellate court clerk and file with the

appellate court clerk the brief required by CR 76.12, CR 98 (3)(e).

To perfect a cross-appeal, the party taking it shall file with the clerk of the

appellate court the brief required by CR 76.123, CR 76.02(3).

Within thirty days after the date on which the appellant’s statement of

appeal from the district court was filed, the appellee shall file and serve a

counterstatement not exceeding ten pages, signed by appellee, and complying

with CR 72.12.

A motion for discretionary review by the court of appeals of a circuit

court judgment in a case appealed from the district court shall be filed within

thirty days after the date on which the judgment of the circuit court was

entered, subject to the provisions of RCr 12.06(2) , CR 76.20(2)(a).

The failure of a party to file a motion for discretionary review within the time

specified in CR 76.20, or as extended by a previous order, shall result in a

dismissal of the discretinary review motion. CR 76.20(2)(d).

After a motion for a new trial is filed either party may move the appellate

court for a stay of appellate proceedings until the trial court has ruled on the

motion for a new trial. RCr 10.06.

58. FILING OF APPEAL BRIEFS (Court of Appeals and Supreme Court appeals)

Before filing any brief in the appellate court, a party shall serve a copy of it on

each adverse party to the appeal and on the judge whose decision is under

review. In criminal cases, both the defendant and the attorney general also

shall serve copies of their briefs on the Commonwealth’s Attorney of the

district in which the case was tried. CR 76.12(5).

The appeal brief shall comply with the requirments of CR 76.12(6).

The appellants brief in a criminal case should be filed within thirty days

after docket notation of certification. If the Public Advocate is the appellants

counsel, the appellant’s brief shall be filed within thirty days after the date on

which the record on appeal was received by the appellant court clerk.

If the counsel for the appellant is someone other than the Public Advocate

of the Commonwealth, the appellee’s brief shall be filed within thirty days

(or sixty days if CR 98 applies) after the appellant’s brief was filed or within

thirty days (or sixty days if CR 98 applies) after the date on which the

record on appeal was received by the appellate court clerk, whichever is the

later.

The appellant’s reply brief shall be filed within fifteen days after the

date on which the last appellee’s brief was filed or due unless the appellee is

also a cross-appellee, in which event he or she may file a combined brief

within thirty days after the date on which the last appellee’s brief was filed

or due. CR 76.12(2).

A petition for rehearing, modification or extension shall be filed within twenty

days after the date the decision was issued by the court of appeals or supreme

court, and any response thereto shall be filed within twenty days after the date

on which the petition was filed. CR 76.32(2).

An opinon of the Supreme Court shall become final on the twenty-first day

after the date of its rendition unless a petition for rehearing or a motion for

discretionary review has been timely filed or an extension of time has been

granted for one of those purposes. CR 76.30(2).

A stay may be granted by any judge of the appellate court for

such specified number of days not exceeding ninety days as may reasonably be

required to enable the writ to be obtained from the United States

Supreme Court. CR 76.44(b).

A writ of habeas corpus may be issued by any circuit judge on any day at

any time and his power to issue such writs shall be coextensive with the

Commonwealth. KRS 419.020.

Any party to a hearing on a writ of habeas corpus may appeal to the

court of appeals by filing with the clerk of the court, within thirty days after

the entry of the judgment, the original record and a transcript of the evidence,

together with a notice of appeal, which notice shall be served on the other

parties at least two days before the appeal is filed. KRS 419.130(1).

Any party adversely affected by an order of the Court of Appeals

in a habeas corpus proceding may, within five days after the date on which

such order was entered, move theSupreme Court to vacate or modify it.

RCr 11.42.(10).

A prisoner in custody under sentence or a defendant on probation, parole,

or conditional discharge who claims a right to be released on teh ground

that the sentence is subject to collateral attack may within three years after

the judgment becomes final proceed directly by motion in the court which

imposed the sentence to vacate, set aside, or correct it. RCr 11.42.(10).

Failure to file the motion within the three year time period may bar the filing

unless the movant can prove one of two exceptions. RCr11.42(10).

When a response to a motion to vacate or correct a sentence has been

filed, the clerk of the court shall notify the attorney general and the

Commonwealth’s attorney, and the Commonwealth shall have twenty

days after the date of mailing of notice by the clerk to the Commonwealth’s

Attorney in which to serve an answer on the movant. RCr 11.42(4).

A person who has been convicted of a misdemeanor or a violation, or a series

of misdemeanors or violations arising from a single incident, may petition the

court in whcih he was convicted for expungement of his misdemanor or

violation records. The petition shall be filed no sooner than five years afer the

completion of the person’s sentence or succesful completion of the person’s

probation, whichever occurs later. KRS 431.078. This statute was amended

by action of the 2000 General Assembly, and exemptions have been added in

certain cases affecting crimes against minors.

----------------------------------------------------------------------------------------------------

Back  to  Top

D. CIVIL STATUTES OF LIMITATION

HEADING INDEX FOR CIVIL STATUTES OF LIMITATION

30. Limitation of liability of licensed sellers or servers of intoxicating beverages-
        Liabilty of intoxicated person (Legislative finding)    

An action for the recovery of real property may be brought only with

fifteen years after the right to institute it first accrued to the

plaintiff, or to the person through whom he claims.

2. KRS 413.020 Action for recovery of real property.

Action for recovery of real property when the right of any

person to bring an action for the recovery of real property

first accrued, he was an infant or of unsound mind, he or the

person claiming through him may, though the period of fifteen

years has expired, bring the action within three years after the

date the disability is removed.

3. KRS 413.030 Action for recovery of real property not extended by

The time within which an action for the recovery of real property

may be brought shall not be extended by reason of any disability

that did not exist when the right to bring the action first accrued.

The period within which an action for the reovery of real property may be

brought shall not, in any case, be extended beyond thirty years from the

time when the right to bring the action first accrued to the plaintiff or the

person through whom he claims.

4. KRS 413.040 No continual claim.

No continual claim upon or near real property shall preserve a right

to bring an action.

Note: See Abner v. Breech, 25 K.L.R. 1981, 79 SW 247 (1904).

(A continual claim as opposed to an adverse claim discussed.)

5. KRS 413.050 Limitation of action by city on public easement.

The limitations in KRS 413.040 to 413.040 shall not begin to run

in respect to actions by a city for the recovery of any part of any street,

alley, or other public easement or the use thereof by the city, until the

legislative body of the city has been notified in writing by the party in

possession or about to take possession that his possession will be adverse

to the right or title of the city.

Any person in possession of such property remains tenant at will of

the city.

If property is in the county, this statute applies, but notice shall

be given to County Judge-Executive.

6. KRS 413.060 Person holding land under adverse possession for seven years.

No action shall be brought under or by virtue of an adverse, interfering

entry, survey or patent to recover the title or possession of land from an

occupant if he, or the person under whom he claims, has a connected title

thereto in law or equity, deducible of record from the Commonwealth, and

has an actual occupancy of it by settlement theron, under such title, for

seven years before the commencement of the action.

This section shall not apply to a person under certain disabilities.

7. KRS 413.070 Action upon equity of redemption in a real property.

No action shall be brought by the morgagor of real property

after l5 years continued adverse possession, by mortgagee or

person claiming under him.

8. KRS 413.072 Nuisance claims against agricultural and silvicultural

operations..

No agricultural or silvicultural operation shalle be or become

a nuisance or trepass, private or public, or be in violation of

any zoning or other ordinance....by any changed conditions in or about

the locality, after the same has been in operation for one year, when

the operation was not a nuisance at the time it began.

After a mortgagee of personal property or any person claiming

under him has had five years continued adverse possession, no

action shall be brought by the mortgagor or any person claiming

under him to redeem the property.

Actions upon judgment, written contracts, bonds, official’s bonds,

curators, personal representatives, guardians, trustees shall be

brought within l5 years after the cause of action first accrued.

No promise, acknowledgment or payment by any person bound

on any bond or obligation for payment of money secured by a

lien shall operate as a prolongation or extension of the time

in which the lien may be enforced as against the purchasers or

creditors, unless the promisor before l5 years after the maturity

of the debt, enters a memorandum on the margin of the record

and it is attested by the clerk.

A cause of action existing against a county by virtue of its bonded

obligation for the payment of money, after the county has in good

faith offered to redeem the obligations that have matured by the

payment in full of all principal and interest due, expires and becomes

ineffective at the end of three years after the offer.

A cause of action for payment of any warrant of the Commonwealth

expires and becomes noneffective unless brought within two years after

the Commonwealth has in good faith offered to redeem the warrant by

payment in full of all interest and principal due.

Actions upon a contract not in writing, express or implied,

liability created by statute when no other time is fixed,

action for penalty of forfeiture when no time is fixed by

statute, action for tresspass on real or personal property,

or action for profits or or damages for withholding real or

personal property, action for an injury by a trustee to the

rights of a beneficiary, action for an injury to the rights

of the plaintiff not arising on contract and not otherwise

enumerated, action upon a bill of excvhange, check, draft or order, or

any endorsement thereof, or upon a promissory note placed upon the

footing of a bill of exchange, an action to enforce the liability of a

steamboat or other vessel, an action upon a merchant’s account for

goods sold and delivered, or any article charged in such store account,

an action upon an account concerning the trade of merchandise,

between merchant and merchant or their agents, an action for relief

or damages on the ground of fraud or mistake, an action to enforce the

liability of bail, an action for personal injuries suffered by any person

against the builder of a home or other improvements (this action shall

be deemed to accrue at the time of original occupancy of the

improvements which the builder caused to be erected, shall all be

brought within five years after the cause of action accured.

An action for taking, detaining or injuring personal property

including an action for specific recovery shall be commenced with

2 years from the time the cause of action accrued.

On merchants accounts, the limitation shall be computed

from Jan. 1, next suceeding the dates of delivery charged

in the account. Judgment shall be rendered for no more

than the amount of articles actually charged or delivered within

5 years preceding that in which the action was brought.

Penalty of 10 times, if merchant postdates any article charged.

In action to recover balance upon a mutual open and current

account....the cause of action accrued from the time of the last item

proved in the account claimed, or proved to be chargeable on the

adverse side.

Action for relief or damages for fraud or mistake (Sec. 12 of KRS

413.120) shall accrue upon the discovery of the fraud or

mistake, but the action shall be commenced with 10 years of

the time of making of the contract or the perpetration of the

fraud.

Action to recover damages, contract or tort, resulting from

...any deficiency in the construction components, design, planning,

supervision, inspection, or cnstruction of any improvement to real

property, or for any injury to property, either real or personal,

arising from such deficiency, shall be brought within 7 hears

following the completion of such improvement.

However, if the injury occurs in the 7th. year, the injured

party, or his estate, shall have 1 year from the date of the

injury, but not more than 8 years from the construction,

to bring his action. Nothing herein in intended to extend

any other statutory period of limitation.

Actions for injury to the person of the plaintiff or her

husband, wife, child, ward, apprentice or servant, or

actions for injuries to persons, cattle or other livestock by

railroads or other corporations, with the exception of hospitals

licensed pursuant to KRS 216, actions for malicious prosecution,

conspiracy, arrest, seduction, criminal conversation or breach of

promise of marriage, libel or slander, negligence or malpractice by

a physician, surgeon, dentist, or licensed hospital, an action for the

escape of prisoner arrested or imprisoned on civil process, an

action for the recovery of usury, or forebearance of money or

other thing, against the loaner or forebearer r assignee of eithe, an

action for the recovery of stolen property, by the owner thereof

against any person having the same in his possesion, an

action for the recovery of damages or the value of stolen property,

against the thief or any accessory, shall all be brought within

1 year of accrual of the cause of action.

*** New Amendment -- 2000 General Assembly: Senate Bill 257

requires that a civil action brought against a real estate

appraiser must be brought within one year ....

Malpractice actions shall accrue from the time the injury is

or should have been discovered, and not more than five years

from the date the malpractice or negligence is said to have

occured.

Claims for usury accrue at the time of payment

Claims against thieves and any accessorys accrue at the time

the property is found by its owner.

Actions brought by the Commonwealth shall have the same

limitations as actions brought against persons, except where

a different time is prescribed by statute.

An action for relief, not provided for by statute can only

be commenced within 10 years after the cause of action accrued.

If a person entitled to bring any action mentioned in KRS 413.090 to

KRS 413.160, except for penalty or forfeiture, was at the time

the cause of action accrued, an infant or of unsound mind,

the action may be brought within the same number of years

after the removal of the disability or death of the person, whichever

happens first, allowed to a person without the disability to bring the

action after the right accrued.

The right of action upon the official bond of a guardian, personal

representative, curator, or the sheriff, or the officer acting as

personal representative, or any other person receiving and holding

money to be distributed to a ward, distribute or devisee, under the

order of court or by authority of law, or a ward distirbutee, devisee or

other person entitled, who was an infant when the bond was

executed, shall not be deemed to have accrued unless otherwise

expressed in the bond, before the plaintiff attained the age of 21

years. Where there are several wards....secured by the same bond,...

the right of action of each one of such infants shall not be deemed

to have accrued before he attained the age of 21 years.

If a person entitled to bring any action mentioned in KRS 413.090 to

413.160 dies before the expiratin fo the time limited for its

commencement and the cause of action survives, the action may be

brought by his personal representative after the expiration of that

time, if commenced with one year after the qualification of the

representative.

If a person dies before the time at whcih the right to bring any action

mentioned in KRS 413,.090 to 413.160 would have accrued to him if

he had continued alive, and there is an inerval of more than one year

between his death and the qualification of his personal representative,

that representative, for purpose of this chapter, shall be deemed to

have qualified on the last day of the one year period.

If at the time any cause of action mentioned in KRS 413.090 to

413.160 accrues against a resident of this state, he is absent from it,

the period limited for the commencement of the action against him

shall be computed from the time of his return to this state.

When a cause of action (mentioned herein) accrues against a

resident of this state, and he by absconding or concelaing himself or

by any other indirect means obstructs the prosecution of the action,

the time of the contnuance of the absence frrom the state or

obstruction shall not be computed as any part of the period within

which the action shall be commenced. But this saving shall not

prevent the limitation from operating in favor of any other person

not so acting, whether he is a necessary party to the action or note.

25. KRS 413.200 REPEALED (Action against personal representative who has

settled accounts)

26. KRS 413.210 REPEALED (Action aganst heirs and personal representatives

when estate divided)

A surety shall be discharged from all liability under any judgment

or decree, after...seven years without the execution and prosecution

in good faith for collection.

A surety in any bond given in the course of any judicial proceeding

shall be discharged from all liability...unless suit is brought within

seven years after the cause of action accrues.

A surety in any obligation or contract, other than thoseprovided for in

KRS 413.230 shall be discharged from all liability...unless suit is

brought ...within seven years after the cause of action accrues.

A surety for an executor, administrator, guardia or curator, or for a

sheriff to whom a decedent’s estate is transferred, shall be discharged

from all liability to a distributee, devisee or ward when five years

have elapsed without suit....and after (heir or devisee or ward)...

attained full age. But the failure of one to commence action in time

shall not affect the right of another.

Limitations given in KRS 413.220 and 413.230 shall not apply

to the time elapsed when there was no executor, administrator or other

person authorized to commence an action, nor to the six months during

which an action cannot be brought against a personal representative,

nor to any delay assented to by the surety in writing. If judgment is

rendered for the plaintiff in any case provided for in those sections and

it is afterwards reversed or arrested so that the plaintiff takes nothing

by it, he may commence another action within one year thereafter. If

the surety absconds, conceals himself or by removal from the state or

otherwise, obstructs or hinders his being sued the time of such

obstrution shall not be counted as part of the time of limitation

allowed by those sections. If the judgment is obstructed by appeal,

supersedeas or injunction the time of such obstruction shall also be

disallowed.

The General Assembly ...declares that the consumption of intoxicating

beverages, rather than the serving, furnishing, or sale of such

beverages, is the proximate cause of any injury, including death and

property damage, inflicted by an intoxicated person upon himself or

another person.

Any other law to the contrary notwithstanding, no person

holding a permit under KRS 243.030, 243.040, 243.050, nor

any agent, servant or employee of the person, who sells or serves

intoxicating beverages to a person over the age for the lawful purchase

thereof, shall be liable to that person or to any other person or the

estate, successors, or survivors of either for any injury suffered off the

premises including but not limited to wrongful death and property

liable to that person or to any other person or to the estate (etc....)

unless a reasonable person under the same or similar circumstances

should know that the person served is already intoxicated at the time of

serving.

The intoxicated person shall be primarily liable with respect to injuries

suffered by third persons.

The limitation of liability provided by this section shall not aply to any

person who causes or contributes to the consumption of alcoholic

beverages by force or by falsely representating that a beverage

contains no alcohol. This section shall not apply to civil actions filed

prior to July 15, 1988.

As used in KRS 413.245 "professional services" means any service

rendered in a profession required to be licensed, administered and regulated as

professions in the Commonwealth of Kentucky, except those professions

governed by KRS 413.140.

Notwithstanding any other prescribed limitation of actions which might

otherwise appear applicable, except thoseprovided in KRS 413.140, a civil

action, whether brought in tort or contract, arising out of any act or omission

in rendering, or failing to render, professional services for others shall be

brought within one year (1) from the date of the occurence or from the date

when the cause of action was, or reasonably should have been, discovered by

the party injured. Time shall not commence agains a party under legal

disability until removal of the disability.

As used in this section, "childhood sexual assault" means an act or series or

acts against a person less than eighteen years old and which meets the criteria

defining a felony in KTS 510.040, 510.050, 510.060, 510.070, 510.080,

510.090, 529.030, 530.020, 530.064, 532.310, or 531.320. No prior

criminal prosecution or conviction of the civil defendant for the act or series

of acts shall be required to bring a civil action for redress of childhood sexual

assault;

"Childhood sexual abuse" means an act or series of acts against a person

less than eighteen years old and which meets the criteria defnining a

misdemeanor in KRS 510.120510.130, 510.140 or 510.150. No prior

criminal prosecution or conviction of the civil defendant for the act or series

of acts shall be required to bring a civil action for redress of childhood sexual

abuse.

"Child" means a person less than l8. "Injury or illness" means

either a physical or psychological injury or illness.

A civil action for recovery of damages for injury or illness suffered

as a result of childhood sexual abuse or childhood sexual assault shall be

brought before whichever of the following periods last expires.

Within five years of the commisison of the act or the last of a series of acts

by the same perpetrator; within five years of the date the victim

knew or should have known, of the act or within five years after the

victim attains the age of eighteen years.

If a complaint is filed alleging that an act of childhood sexual assault or

childhood sexual abuse occurred more than five years prior to the date that

the action is commenced, the complaint shall be accompanied by a motion

to seal the records and the complaint shall immediately be sealed by the

clerk of the court. The complaint shall remain sealed until the court rules

on the motion to seal, any motion to dismiss under CR 112.02 is ruled

upon, and if the complaint is dismissed, the complaint and any related

papers or pleadings shall remain sealed unless opened by a higher court; or

the defendant files an answer and a motion to seal the record upon the

grounds that a valid factual defense exists, to be raised in a motion for

summary judgment pursuant to CR 56. The records shall remain sealed by

the clerk until the court rules upon the defendant’s motion to close the

record. If the court grants the motion to close, the record shall remain

sealed until the defendant’s motion for summary judgment is granted. The

complaint, motions, and other related papers or pleadings shall remain

sealed unless opened by a higher court.

An action shall be deemed to commence on date of the first summons or

process issued in good faith from the court having jurisdiction of the cause

of action.

If the doing of an act necessary to save any right or benefit is restrained or

suspended by injunction or other lawful restraint, vacancy in office, absence

of an officer or his refusal to act, the time covered by the injunction,

restraint

Written agreements entered into in good faith and at arms length to

extend limitations periods for the filing of civil actions, including

agreements entered into prior to July 15, 1988, shall be valid and

enforceable according to their terms.

If an action is commenced in due time and in good faith in any court of this

state and the defendants or any of them make defense, and it is adjudged

that the court has no jurisdiction of the action, the plaintiff or his

representative may, within ninety days from the time of that judgment,

commence a new action n the proper court. The time between the

commencement of the first and last action shall not be counted in applying

any statute of limitation.

When two or more disabilities exist in the same person at the time

the cause of action accrues, the limitation does not attach until they are

all removed.

Limitations shall not begin to run in favor of persons coming temporarily

into this state, but shall attach only in favor of actual residents in good

faith, and after notice to person to be affected thereby.

If the plaintiff is an alien and a subject or citizen of a country at war with

the United States, the time of the continuance of the war shall not be

counted as part of the period limited for the commencement of an action.

When a cause of action has arisen in another state or country, and by the laws

of the state or country where the cause of action accrued the time for the

commencement of an action thereon is limited to a shorter period of time

than the period of limitation prescribed by the laws of this state for a like

cause of action, then said action shall be barred in this state at the expiration

of said shorter period.

If, by the laws of any other state or country, an action upon a judgment or

decree rendered in that state or country cannot be maintained there by

reason of the lapse of time, and the judgment or decree is incapable of being

otherwise enforced there, an action upon it may not be maintained in this

state, except in favor of a resident thereof who has had the cause of action

from the time it accrued.

The provisions of this chapter shall not apply to an express trust that is both

continuing and subsisting, nor to an action by a vendee of real property in

possession to obtain a conveyance. For purposes of this subsection, a

subsisting trust is an express trust with respect to which the trustee is acting

within its powers and with respect to which no beneficiary has a cause of

action against the trustee.

INDEX OF HEADINGS FOR CIVIL PRACTICE PROCEDURAL TIME LIMITS

44. Interlocutory Relief in Court of Appeals Prior to Final Judgment

45. Interlocutory Relief in Supreme Court

46. Offer of Judgment

47. Postjudgment Garnishment - Service - Answer- Disposition of Funds

Upon the filing of the complaint (or other initiating document) the

Clerk shall forthwith issue the required summons and, at the direction

of the initiating party....(a)mail...with postage advanced by the initiating

party..., or, (b) cause the summons and complaint to be transferred

for service to any person authorized ...to deliver them. CR 4.01.

After service of a summons...the defendant or his attorney must make a

written defense within 20 days following the day on which the summons

is served on him... CR 4.02.

In cases in which the defendant is in a class allowing constructive service

the clerk shall "make an order upon the complaint warning the party

to appear and defend the action within 50 days. See CR 4.05.

A defendantly constructively served shall be deemed to have been served

on the 30th. day after the entry of a warning order and the action may

proceed accordingly. CR 4.08.

A warning order attorney "must make diligent efforts to inform the defendant, by mail,

concerning the pendency and anture of the action against him, and must report

the results of his efforts to the court within 50 days after his appointment. CR 4.07.

A party who is constructively served, and not personally served, shall be permitted

to defend (himself) at any time before judgment. CR 4.10.

All papers after the complaint required to be served upon a party shall be filed with

the court either before service or within a reasonable time thereafter.

In computing any period of time prescribed or allowed by the rules, by order of

court, or by any applicable statute, the day of the act, event or default after which the

designated period of time begins to run isnot to be included.

The last day of the period so computed is to be included, unless it is a Saturday,

a Sunday, or a legal holiday, in which event the period runs until the end of the

next day which is not a Saturday, Sunday, or legal holiday.

When the period of time prescribed or allowed is less than 7 days, intermediate

Saturdays, Sundays and legal holidays shall be excluded in the computation.

CR 6.01.

...The court for cause shown may, at any time in its discretion (a) with or without

motion or notice order the period enlarged if request therefor is made before the

expiration of the period originally prescribed or as extended by previous order, or (b)

upon motion made after the expiration of the specificed period permit the act to be

done where the failure to act was the result of excusable neglect: but it may not extend

the time for taking any action under Rules 50.02, 52.02, 59.04, 59.05, 60.02, 72.02,

73.02 and 74 except to the extend and under the conditions stated in them. CR 6.02.

The period of time provided for the doing of any act or the taking of any proceeding is

not affected or limlited by the continuedexistence or expiration of a term of court.

A written motion, other than one which may be heard ex parte, and notice of

hearing thereof shall be served a reasonable time befoe the time specified for the

hearing, unless a specific period is fixed by the rules or by order of the court.

Whenever a party has the right or is required to do some act or take some proceedings

within a prescribed period after the service of a notice or other paper upon him and the

notice or paper is served uopon him by mail, 3 days shall be added to the prescribed

period. This provision shall not apply to the service of the summons by mail under

Rule 4.01(1)(a).

A defendant shall serve his/her answer within 20 days after service of the summons

upon him/her.

A party served with a pleading stating a cross-claim against him/her shall serve an

answer thereto within 20 days after the service upon him/her.

The plaintiff shall serve his/her reply to a counterclaim in the answer within 20 days

after the service of the answer or , if a reply is orderd by the court, within 20 days after

the service of the order unless the order otherwise directs. CR 12.01

After the pleadings are closed but within such time as not to delay the trial, any

party may move for judgment on the pleadings. CR 12.03.

14. PRELIMINARY HEARING - Civil

The defenses and relief enumerated in Rules 12.02 and 12.03, ...shall be heard

and determined before trial on application of either party...unless deferred by

the court. CR 12.04.

A party ...(in appropriate situation) may move for a more definite statement

If the motion is granted by the court and not obeyed within 10 days after the

service of notice or the order, or within such time as the court may fix, the

court may strike the pleading to which the motion was directed.... CR 12.05.

...Upon motion made by a party within 20 days after the service of the pleading

upon him or upon the court’s own initiative at any time, the court may order

striken from any pleading any insufficient defense or any sham, redundant, immaterial,

impertinent or scandalous matter.

A party may amend his pleadings at any time as a matter of course at any time

before a responsive pleading is served, or if the pleading is one to which no responsive

pleading is permitted and the action has not been placed upon the trial calendar, he may

so amend it at any time within 20 days after it is served. Otherwise...a party shall

amend only with leave of court...

A party shall plead in response to an amended pleading within the time remaining

for the response to the original pleading or wtihin 10 days after service of the amended

pleading, whichever period may be longer, unless the court othewise directs. CR 15.01.

Whenever the claim or defense asserted in the amended pleadng arose out of the

conduct, transaction, or occurence set forth or attempted to be set forth in the original

pleading, the amendment relates back to the date of the original pleading. CR 15.03.

Anyone possessing a statutory right of intervention under CR 24.01(1)(a)

may move the ocourt to intervene in a pending action and, on failure of a party

to file an objection within 10 days to the intervention and a notice of hearing

on the objection, have an oder allowing the intereention without appearing in court for

a hearing. CR 24.01.

If a party dies during the pendency of an action and the claim (survives)...the

court within the period allowed by law, may order the substitution of the proper

parties. CR 25.01.

A resident of this state, or a nonresident... who owns property in this state

concerning which he expects to be a party to an action in a court herein

...may (have discovery before the action)...and shall...serve a notice upon

each person named in his petition...(for said discovery) at least 20 days before the

date of hearing.... CR 27.01.

After commencement of the action, any party may take the testimoy of any person,

including a party, by deposition....Leave of court, granted with or without notice must

be obtained only if the plaintff seeks to take a deposition prior to the expiration of 30

days after the service of summons...CR 30.01.

A party desiring to take a deposition of any person upon oral examination

shall give reasonable notice in writing to every other party to the action.

Deposition ..(may be taken)...prior to expiration of the 30 day period after the

service fo summons, without leave of court, if the person to be deposed is about

to leave the state and will be unavailable for examination after the 30 day waiting

period...(this must be stated in the notice and be supported by facts). CR 30.02.

After commencement of the action, any party may take the testimony of any

person, including a prty, by deposition upon written questions.

Within 30 days after the notice and...questions are served, a party may serve

cross questions upon all other parties. Within 10 days after being served

with cross-questions, a party may serve redirect questions upon all other parties.

Recross questions may be served within 10 days after service fo redirect questions.

CR 31.01(1) and (3).

As to notice. All errors and irregularaties in the notice for taking a deposition are

waived unless written notice is promptly served upon the party giving the notice.

Errors and irregularaties occuring at the oral examination .....are waived unless

seasonable objecion theeto is made at the taking of the deposition.

CR 32.04.

The party upon whom the interrogatories have been served shall serve a copy

fo the answers, and objections if any, within 30 days. CR 33.01.

After service of a Request for Admission under CR 36.01, the matter is admitted

unless, within 30 days after the service of the request, or within shorter or longer

time as the court may allow, the party to whom the request is directed serves

upon the party requesting the admission, an answer or objection addressed to the

matter. See CR.36.01(2).

A trial shall not be postponed by the absence of a material, unless the requesting

party files an affidavit showing the materiality of the evidence expected to

to be obtained, and that due diligence has been used to obtain it. Opposing party

may consent to the reading of an affidavit as the deposition of the absent witness.

See CR 43.03

A party who moves for a directed verdict at the close of the evidence offered

by an opponent, reserves thereby the right to offer evidence if the motion is

denied. CR 50.01.

Not later than 10 days after entry of judgment, a party who has moved for

a directed verdict at the close of all the evidence may move to have the verdict

and any judgment entered thereon set aside. CR 50.02.

If the motion for a judgment not withstanding the verdict is granted,

the losing party may serve a motion for a new trial pursuant to Rule 59

not later than 10 days after entry of the judment N.O.V. CR 50.03(2).

At any time before or during the trial, the court may direct the parties to tend