reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-210 - ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES.

5-210. ORAL CLAIM — POSSESSION DEFINED — PAYMENT OF TAXES. For the purpose of constituting an adverse possession, by a person claiming title not founded upon a written instrument, judgment or decree, land is deemed to have been possessed and occupied in the following cases only:
(1) Where it has been protected by a substantial enclosure.
(2) Where it has been usually cultivated or improved.
Provided, however, that in no case shall adverse possession be considered established under the provisions of any sections of this code unless it shall be shown that the land has been occupied and claimed for the period of twenty (20) years continuously, and the party or persons, their predecessors and grantors, have paid all the taxes, state, county or municipal, which have been levied and assessed upon such land according to law. Provided further, that adverse possession shall not be considered established under the provisions of any sections of this code if a written instrument has been recorded in the real estate records kept by the county recorder of the county in which the property is located and such written instrument declares that it was not the intent of a party to such instrument, by permitting possession or occupation of real property, to thereby define property boundaries or ownership. Provided further, that for purposes of establishing adverse possession pursuant to this section, a person claiming adverse possession must present clear and convincing evidence that the requirements of subsection (1) or (2) of this section have been met.
History:
[(5-210) C.C.P. 1881, sec. 150; R.S., R.C., & C.L., sec. 4043; C.S., sec. 6603; I.C.A., sec. 5-210; am. 2001, ch. 290, sec. 2, p. 1028; am. 2006, ch. 158, sec. 5, p. 475.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-211 - POSSESSION OF TENANT — PRESUMPTIONS.

5-211. POSSESSION OF TENANT — PRESUMPTIONS. When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of twenty (20) years from the termination of the tenancy, or, where there has been no written lease, until the expiration of twenty (20) years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.
History:
[(5-211) C.C.P. 1881, sec. 151; R.S., R.C., & C.L., sec. 4044; C.S., sec. 6604; I.C.A., sec. 5-211; am. 2006, ch. 158, sec. 6, p. 475.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-212 - DESCENT CAST DOES NOT AFFECT RIGHT.

5-212. DESCENT CAST DOES NOT AFFECT RIGHT. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of such property.
History:
[(5-212) C.C.P. 1881, sec. 152; R.S., R.C., & C.L., sec. 4045; C.S., sec. 6605; I.C.A., sec. 5-212.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-213 - PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY.

5-213. PERSONS UNDER DISABILITIES — RECOVERY OF REAL PROPERTY. If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense founded on the title to real property, or to rents or services out of the same, be at the time such title first descends or accrues, either:
1. Within the age of majority; or,
2. Insane; or,
3. Imprisoned on a criminal charge, or in execution, upon conviction of a criminal offense, for a term less than for life; or,
4. A married woman, and her husband be a necessary party with her in commencing such action or making such entry or defense.
The term during which such disability continues is not deemed any portion of the time in this title limited for the commencement of such action or the making of such entry or defense, but such action may be commenced, or entry or defense made, within the period of twenty (20) years after such disability shall cease, or after the death of the person entitled who shall die under such disability; but such action shall not be commenced or entry or defense made after that period.
History:
[(5-213) C.C.P. 1881, sec. 153; R.S., R.C., & C.L., sec. 4046; C.S., sec. 6606; I.C.A., sec. 5-213; am. 2006, ch. 158, sec. 7, p. 476.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-214 - ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY.

5-214. ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY. The periods prescribed for the commencement of actions other than for the recovery of real property are as follows.
History:
[(5-214) C.C.P. 1881, sec. 154; R.S., R.C., & C.L., sec. 4050; C.S., sec. 6607; I.C.A., sec. 5-214.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-214A - ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY.

5-214A. ACTION TO FORECLOSE MORTGAGE ON REAL PROPERTY. An action for the foreclosure of a mortgage on real property must be commenced within five (5) years from the maturity date of the obligation or indebtedness secured by such mortgage. If the obligation or indebtedness secured by such mortgage does not state a maturity date, then the date of the accrual of the cause of action giving rise to the right to foreclose shall be deemed the date of maturity of such obligation or indebtedness.
History:
[I.C., sec. 5-214A, as added by 1951, ch. 254, sec. 1, p. 552; am. 1999, ch. 112, sec. 1, p. 340.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-215 - ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY.

5-215. ACTION ON JUDGMENT OR FOR MESNE PROFITS OF REAL PROPERTY. Within eleven (11) years:
(1) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States.
(2) An action for mesne profits of real property.
History:
[(5-215) C.C.P. 1881, sec. 155; R.S., R.C., & C.L., sec. 4051; C.S., sec. 6608; I.C.A., sec. 5-215; am. 2015, ch. 278, sec. 3, p. 1137.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-216 - ACTION ON WRITTEN CONTRACT.

5-216. ACTION ON WRITTEN CONTRACT. Within five (5) years:
An action upon any contract, obligation or liability founded upon an instrument in writing.
The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall never be asserted nor interposed as a defense to any action in the name or for the benefit of the state although such limitations may have become fully operative as a defense prior to the adoption of this amendment.
History:
[(5-216) C.C.P. 1881, sec. 156; R.S., R.C., & C.L., sec. 4052; C.S., sec. 6609; I.C.A., sec. 5-216; am. 1939, ch. 244, sec. 1, p. 590.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-217 - ACTION ON ORAL CONTRACT.

5-217. ACTION ON ORAL CONTRACT. Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.
History:
[(5-217) C.C.P. 1881, sec. 157; R.S., R.C., & C.L., sec. 4053; C.S., sec. 6610; I.C.A., sec. 5-217.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-218 - STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD.

5-218. STATUTORY LIABILITIES, TRESPASS, TROVER, REPLEVIN, AND FRAUD. Within three (3) years:
1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the state of Idaho or any political subdivision thereof of the facts constituting the liability.
2. An action for trespass upon real property.
3. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.
4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
History:
[(5-218) C.C.P. 1881, sec. 158; R.S., R.C., & C.L., sec. 4054; C.S., sec. 6611; I.C.A., sec. 5-218; am. 1974, ch. 41, sec. 2, p. 1603.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-220 - ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS.

5-220. ACTIONS FOR WRONGFUL SEIZURE BY OFFICERS. Within one (1) year: An action against an officer or officer de facto:
To recover any goods, wares, merchandise or other property seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise, or other personal property so seized, or for damages for the seizure, detention, sale of or injury to, any goods, wares, merchandise, or other personal property seized, or for damages done to any person or property in making any such seizure.
History:
[(5-220) C.C.P. 1881, sec. 160; R.S., R.C., & C.L., sec. 4056; C.S., sec. 6613; am. 1921, ch. 108, sec. 1, p. 250; I.C.A., sec. 5-220.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-221 - ACTIONS ON CLAIMS AGAINST COUNTY.

5-221. ACTIONS ON CLAIMS AGAINST COUNTY. Actions on claims against a county which have been rejected by the board of commissioners must be commenced within six (6) months after the first rejection thereof by such board.
History:
[(5-221) C.C.P. 1881, sec. 161; R.S., R.C., & C.L., sec. 4057; C.S., sec. 6614; I.C.A., sec. 5-221.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-222 - ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE.

5-222. ACTIONS ON OPEN ACCOUNTS — ACCRUAL OF CAUSE. 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 is deemed to have accrued from the time of the last item proved in the account on either side.
History:
[(5-222) C.C.P. 1881, sec. 162; R.S., R.C., & C.L., sec. 4050; C.S., sec. 6615; I.C.A., sec. 5-222.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-223 - ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION.

5-223. ACTIONS TO RECOVER DEPOSITS — COMMENCEMENT OF LIMITATION. To actions brought to recover money or property deposited with any bank, banker, trust company or saving and loan society, no limitation begins to run until after an authorized demand.
History:
[(5-223) C.C.P. 1881, sec. 163; R.S., R.C., & C.L., sec. 4059; C.S., sec. 6616; I.C.A., sec. 5-223.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-224 - ACTIONS FOR OTHER RELIEF.

5-224. ACTIONS FOR OTHER RELIEF. An action for relief not hereinbefore provided for must be commenced within four (4) years after the cause of action shall have accrued.
History:
[(5-224) C.C.P. 1881, sec. 164; R.S., R.C., & C.L., sec. 4060; C.S., sec. 6617; I.C.A., sec. 5-224.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-225 - LIMITATIONS APPLY TO STATE.

5-225. LIMITATIONS APPLY TO STATE. The limitations prescribed in this chapter apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private parties.
History:
[(5-225) C.C.P. 1881, sec. 165; R.S., R.C., & C.L., sec. 4061; C.S., sec. 6618; I.C.A., sec. 5-225.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-226 - ACTION TO REDEEM MORTGAGE.

5-226. ACTION TO REDEEM MORTGAGE. An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five (5) years after breach of some condition of the mortgage.
History:
[(5-226) C.C.P. 1881, sec. 166; R.S., R.C., & C.L., sec. 4062; C.S., sec. 6619; I.C.A., sec. 5-226.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-227 - PARTIAL REDEMPTION.

5-227. PARTIAL REDEMPTION. If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under the provisions of this title, any one of them who is entitled to maintain such an action may redeem therein a divided or undivided part of the mortgaged premises, according as his interest may appear, and have an accounting for a part of the rents and profits proportionate to his interest in the mortgaged premises, on payment of a part of the mortgage money, bearing the same proportion to the whole of such money as the value of his divided or undivided interest in the premises bears to the whole of such premises.
History:
[(5-227) C.C.P. 1881, sec. 167; R.S., R.C., & C.L., sec. 4063; C.S., sec. 6620; I.C.A., sec. 5-227.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-228 - ACTION, WHEN COMMENCED.

5-228. ACTION, WHEN COMMENCED. An action is commenced within the meaning of the chapter when the complaint is filed.
History:
[(5-228) C.C.P. 1881, sec. 168; R.S., R.C., & C.L., sec. 4068; C.S., sec. 6621; I.C.A., sec. 5-228.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-228A - TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME.

5-228A. TIME LIMITATION — CLOSURE OF THE OFFICE OF THE CLERK — EXTENSION OF TIME. Whenever, pursuant to an Idaho statute, the final day to commence an action or file a document with a court falls on a day that the office of the clerk of the district court is usually open for the transaction of business with the public, but whose office has been closed for all or part of the day by the administrative judge or his designee due to severe weather conditions or a real or threatened emergency, the time for performing the act shall be extended to the end of business hours of the first full day the office of the clerk is reopened for the transaction of business with the public.
History:
[5-228A, added 2004, ch. 321, sec. 1, p. 905.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-229 - ABSENCE OF DEFENDANT FROM STATE.

5-229. ABSENCE OF DEFENDANT FROM STATE. If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the term herein limited, after his return to the state, and if, after the cause of action accrues, he departs from the state, the time of his absence is not part of the time limited for the commencement of the action.
History:
[(5-229) C.C.P. 1881, sec. 169; R.S., R.C., & C.L., sec. 4069; C.S., sec. 6622; I.C.A., sec. 5-229.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-230 - PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY.

5-230. PERSONS UNDER DISABILITIES — OTHER THAN FOR REAL PROPERTY. If a person entitled to bring an action, other than for the recovery of real property, be, at the time the cause of action accrued, either:
1. Under the age of majority; or
2. Insane.[;]
The time of such disability is not a part of the time limited for the commencement of the action, provided however, that the time limited for the commencement of an action shall not be tolled for a period of more than six (6) years on account of minority, incompetency, a defendant’s absence from the jurisdiction, any legal disability or for other cause or reason except as specifically provided in section 5-213, Idaho Code.
History:
[(5-230) C.C.P. 1881, sec. 170; R.S., R.C., & C.L., sec. 4070; C.S., sec. 6623; I.C.A., sec. 5-230; am. 1976, ch. 276, sec. 1, p. 950; am. 1985, ch. 74, sec. 1, p. 149; am. 1993, ch. 120, sec. 1, p. 309.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-232 - ALIENS IN TIME OF WAR.

5-232. ALIENS IN TIME OF WAR. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.
History:
[(5-232) C.C.P. 1881, sec. 172; R.S., R.C., & C.L., sec. 4072; C.S., sec. 6625; I.C.A., sec. 5-232.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-233 - REVERSAL OF JUDGMENT — NEW ACTION.

5-233. REVERSAL OF JUDGMENT — NEW ACTION. If an action is commenced within the time prescribed therefor and a judgment therein for the plaintiff be reversed on appeal, the plaintiff, or if he die and the cause of action survive, his representatives, may commence a new action within one (1) year after the reversal.
History:
[(5-233) C.C.P. 1881, sec. 173; R.S., R.C., & C.L., sec. 4073; C.S., sec. 6626; I.C.A., sec. 5-233.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-234 - ACTION STAYED BY INJUNCTION OR STATUTE.

5-234. ACTION STAYED BY INJUNCTION OR STATUTE. 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.
History:
[(5-234) C.C.P. 1881, sec. 174; R.S., R.C., & C.L., sec. 4074; C.S., sec. 6627; I.C.A., sec. 5-234.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-235 - WHEN DISABILITY MUST EXIST.

5-235. WHEN DISABILITY MUST EXIST. No person can avail himself of a disability unless it existed when his right of action accrued.
History:
[(5-235) C.C.P. 1881, sec. 175; R.S., R.C., & C.L., sec. 4075; C.S., sec. 6628; I.C.A., sec. 5-235.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-236 - COEXISTING DISABILITIES.

5-236. COEXISTING DISABILITIES. When two (2) or more disabilities coexist at the time the right of action accrues the limitation does not attach until they are removed.
History:
[(5-236) C.C.P. 1881, sec. 176; R.S., R.C., & C.L., sec. 4076; C.S., sec. 6629; I.C.A., sec. 5-236.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-237 - ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS.

5-237. ACTIONS AGAINST DIRECTORS AND STOCKHOLDERS. This chapter does not affect actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created by law; but such actions must be brought within three (3) years after the discovery by the aggrieved party of the facts upon which the penalty or forfeiture attached, or the liability was created.
History:
[(5-237) C.C.P. 1881, sec. 177; R.S., R.C., & C.L., sec. 4077; C.S., sec. 6630; I.C.A., sec. 5-237.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-238 - ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT.

5-238. ACKNOWLEDGMENT OR NEW PROMISE — EFFECT ON OPERATION OF STATUTE — EFFECT OF PARTIAL PAYMENT. No acknowledgment or promise is sufficient evidence of a new or continuing contract by which to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but any payment of principal or interest is equivalent to a new promise in writing, duly signed, to pay the residue of the debt.
History:
[(5-238) C.C.P. 1881, sec. 178; R.S., R.C., & C.L., sec. 4078; C.S., sec. 6631; am. 1923, ch. 49, sec. 1, p. 57; I.C.A., sec. 5-238.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-239 - ACTIONS BARRED IN ANOTHER STATE.

5-239. ACTIONS BARRED IN ANOTHER STATE. When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state and who has held the cause of action from the time it accrued.
History:
[(5-239) C.C.P. 1881, sec. 179; R.S., R.C., & C.L., sec. 4079; C.S. sec. 6632; I.C.A., sec. 5-239.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-240 - “ACTION” INCLUDES SPECIAL PROCEEDING.

5-240. "ACTION" INCLUDES SPECIAL PROCEEDING. The word "action" as used in this chapter is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.
History:
[(5-240) C.C.P. 1881, sec. 181; R.S., R.C., & C.L., sec. 4080; C.S., sec. 6633; I.C.A., sec. 5-240.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-241 - ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY.

5-241. ACCRUAL OF ACTIONS ARISING OUT OF THE DESIGN OR CONSTRUCTION OF IMPROVEMENT TO REAL PROPERTY. (1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows:
(a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction of such an improvement; and
(b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction of such an improvement.
(2) The times fixed by this section shall not be asserted by way of defense by any person in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of an injury or death for which it is proposed to bring an action.
(3) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.
(4) As used in this section, the term "person" shall mean an individual, corporation, partnership, business trust, unincorporated organization, association, or joint stock company.
History:
[5-241, added 1965, ch. 101, sec. 1, p. 187; am. 2022, ch. 111, sec. 1, p. 368.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-242 - IONIZING RADIATION INJURIES — PURPOSE OF ACT.

5-242. IONIZING RADIATION INJURIES — PURPOSE OF ACT. For purposes of this act, "ionizing radiation" means any particulate or electromagnetic radiation capable of producing ions directly or indirectly in its passage through matter; provided, however, that the provisions hereof and of sections 5-243 and 5-244, Idaho Code, shall not be deemed to apply to any action or proceeding to recover damages for professional malpractice, as defined in section 5-219, Idaho Code.
History:
[5-242, added 1967, ch. 241, sec. 1, p. 704; am. 1976, ch. 184, sec. 1, p. 670.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-243 - LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES.

5-243. LIMITATION OF ACTION FOR IONIZING RADIATION INJURIES. No action or proceeding may be brought to recover for an ionizing radiation injury more than three (3) years after the person suffering such injury had knowledge or ought reasonably to have had knowledge of having suffered the injury and of the cause thereof, but in no event more than thirty (30) years from the date of the last occurrence to which the injury is attributed.
History:
[5-243, added 1967, ch. 241, sec. 2, p. 704.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-244 - LATENT INJURY — EFFECT OF PRIOR RECOVERY.

5-244. LATENT INJURY — EFFECT OF PRIOR RECOVERY. No action or proceeding to recover for latent ionizing radiation damage shall be barred by recovery in any earlier action or proceeding, unless the plaintiff in the earlier action or proceeding shall actually have been awarded damages for the latent injury, or shall have known or reasonably have been expected to know that such latent damage would occur, and its nature and extent with sufficient particularity to establish entitlement to a specific amount of damages on account thereof.
History:
[5-244, added 1967, ch. 241, sec. 3, p. 704.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-245 - ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES.

5-245. ACTIONS TO COLLECT CHILD SUPPORT ARREARAGES. An action or proceeding to collect child support arrearages, arising under an Idaho child support order, can be commenced at any time prior to the expiration of the resulting judgment or any renewal thereof. An action or proceeding under this section shall include, but is not limited to, execution on the judgment, order to show cause, garnishment, income withholding, income tax offset or lottery prize offset.
History:
[5-245, added 1988, ch. 199, sec. 1, p. 378; am. 1995, ch. 264, sec. 1, p. 846; am. 1996, ch. 56, sec. 1, p. 167; am. 2011, ch. 104, sec. 1, p. 267.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-246 - PRESCRIPTIVE OVERFLOW EASEMENTS.

5-246. PRESCRIPTIVE OVERFLOW EASEMENTS. In conformity with the limitations of actions time period set forth in sections 5-203 through 5-206, Idaho Code, the owner of a dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement over real property which has been inundated or overflowed by the operations of the dam for at least a part of a year for any consecutive five (5) year period prior to commencement of an action by the property owner seeking relief inconsistent with such nonexclusive prescriptive overflow easement. Said dam owner shall be deemed to have not forfeited said nonexclusive prescriptive overflow easement if the reason for the failure to exercise the easement is a lack of water caused by drought or acts of God.
It is further provided that if a dam has inundated or overflowed real property for at least a part of a year for the five (5) consecutive years prior to the enactment of this section, then the owner of the dam shall be deemed to have obtained a nonexclusive prescriptive overflow easement hereunder over said real property one (1) year after the enactment of this section, provided, no action seeking relief inconsistent with such nonexclusive prescriptive overflow easement has been commenced by the property owner within one (1) year of the enactment of this section. The provisions of this section shall not be construed to affect the riparian and littoral rights of property owners to have access to and use of waters in this state, or to restrict any use of the underlying property for any purpose otherwise consistent with ownership thereof, even if said use reasonably interferes with the storage of water on the property, but said use shall not unreasonably interfere with the storage of water on the property. Nothing herein shall be deemed to affect any prescriptive overflow easement that any dam owner may have previously acquired under common law. The provisions of this section shall not be construed to apply to the beds of navigable waters lying below the natural or ordinary high watermark as defined in subsection (c) of section 58-1302, Idaho Code, and subsection (9) of section 58-104, Idaho Code, or any other lands owned by the state of Idaho.
History:
[5-246, added 1991, ch. 328, sec. 1, p. 846; am. 1991, ch. 267, sec. 1, p. 657; am. 2010, ch. 144, sec. 1, p. 305.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-247 - LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER — LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES.

5-247. LIMITATION ON SUITS AGAINST A FIREARMS OR AMMUNITION MANUFACTURER, TRADE ASSOCIATION OR SELLER — LIMITATION ON RIGHT TO BRING SUIT OR RECOVER DAMAGES. (1) In this section, "governmental unit" means:
(a) A political subdivision of the state, including a municipality or county; and
(b) Any other agency of government whose authority is derived from the laws or constitution of this state.
(2) Except as provided by subsection (3) of this section, a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing or sale of firearms or ammunition to the public.
(3) A governmental unit on behalf of the state or any other governmental unit may bring a suit described by subsection (2) of this section if the suit is approved in advance by the legislature by adoption of a concurrent resolution or by enactment of a statute. This subsection does not create a cause of action.
(4) Nothing in this section shall prohibit a governmental unit from bringing an action against a firearms manufacturer, trade association or seller for recovery of damages for:
(a) Breach of contract or warranty as to firearms or ammunition purchased by a governmental unit;
(b) Damage or harm to property owned or leased by the governmental unit caused by a defective firearm or ammunition; or
(c) Injunctive relief to enforce a valid ordinance, statute or rule.
(5) Nothing in this section shall prohibit the attorney general from bringing a suit described by subsection (2) of this section on behalf of the state or any other governmental unit. This subsection does not create a cause of action.
History:
[5-247, added 2000, ch. 470, sec. 1, p. 1600.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 2 - LIMITATION OF ACTIONS › Section 5-248 - VICTIMS OF CRIMES.

5-248. VICTIMS OF CRIMES. (1) For the purpose of any civil action or proceeding brought by a victim of a crime against an offender who committed the crime, for any losses incurred by the victim, which loss was proximately caused by the crime, the limitation periods prescribed by this chapter shall be tolled until one (1) year after the offender has been released from any sentence of incarceration served for that crime and in full satisfaction of the sentence imposed.
(2) For purposes of this section "full satisfaction of the sentence imposed" means the full-term release date from incarceration for the crime committed against the victim or the full-term release date from incarceration for any other crime for which the offender is serving time concurrently with, or consecutively to, time served for the crime against the victim, whichever is later.
History:
[(5-248) 5-247, added 2000, ch. 150, sec. 1, p. 387; am. and redesig. 2005, ch. 25, sec. 1, p. 82.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-302 - ASSIGNMENT OF THING IN ACTION.

5-302. ASSIGNMENT OF THING IN ACTION. In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment; but this section does not apply to a negotiable instrument transferred, in good faith and upon good consideration, before maturity.
History:
[(5-302) C.C.P. 1881, sec. 183; R.S., R.C., & C.L., sec. 4091; C.S., sec. 6635; I.C.A., sec. 5-302.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-304 - MARRIED WOMEN AS PARTIES.

5-304. MARRIED WOMEN AS PARTIES. A woman may while married sue and be sued in the same manner as if she were single: provided, that except in actions between husband and wife the husband shall not be chargeable in any manner with the wife’s costs or other expenses of suit.
History:
[(5-304) 1903, p. 345, sec. 3; reen. R.C. & C.L., sec. 4093; C.S., sec. 6637; I.C.A., sec. 5-304.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-305 - HUSBAND AND WIFE SUED TOGETHER.

5-305. HUSBAND AND WIFE SUED TOGETHER. If a husband and wife be sued together the wife may defend her own right, and if the husband neglect to defend she may defend for his right also.
History:
[(5-305) C.C.P. 1881, sec. 186; R.S., R.C., & C.L., sec. 4094; C.S., sec. 6638; I.C.A., sec. 5-305.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-306 - INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM.

5-306. INFANTS AND INSANE PERSONS — GUARDIANS AD LITEM. When an infant or an insane or incompetent person is a party, he must appear either by his general guardian or by a guardian ad litem appointed by the court in which the action is pending in each case. A guardian ad litem may be appointed in any case when it is deemed by the court in which the action or proceeding is prosecuted, or by a judge thereof, expedient, to represent the infant, insane or incompetent person in the action or proceeding, notwithstanding he may have a general guardian and may have appeared by him.
History:
[(5-306) C.C.P. 1881, sec. 187; R.S., R.C., & C.L., sec. 4095; C.S., sec. 6639; I.C.A., sec. 5-306; am. 2012, ch. 20, sec. 1, p. 66.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-308 - ACTION FOR SEDUCTION.

5-308. ACTION FOR SEDUCTION. An unmarried female may prosecute, as plaintiff, an action for her own seduction, and may recover therein such damages, pecuniary or exemplary, as are assessed in her favor.
History:
[(5-308) C.C.P. 1881, sec. 189; R.S., R.C., & C.L., sec. 4097; C.S., sec. 6641; I.C.A., sec. 5-308.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-309 - ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN.

5-309. ACTION FOR SEDUCTION — PROSECUTION BY PARENT OR GUARDIAN. The parents may prosecute as plaintiffs for the seduction of a daughter under the age of majority at the time of the seduction, and the guardian for the seduction of a ward under the age of majority at the time of seduction, though the daughter or ward be not living with or in the service of the plaintiff or plaintiffs at the time of the seduction, or afterward, and there be no loss of service, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone.
History:
[(5-309) C.C.P. 1881, sec. 1901; R.S. & R.C., sec. 4098; am. 1915, ch. 120, sec. 2, p. 266; reen. C.L., sec. 4098; C.S., sec. 6642; I.C.A., sec. 5-309.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-310 - ACTION FOR INJURY TO UNMARRIED CHILD.

5-310. ACTION FOR INJURY TO UNMARRIED CHILD. The parents may maintain an action for the injury of an unmarried minor child, and for the injury of a minor child who was married at the time of his injury and whose spouse died as a result of the same occurrence and who leaves no issue, and a guardian for the injury of his ward, when such injury is caused by the wrongful act or neglect of another, but if either the father or mother be dead or has abandoned his or her family, the other is entitled to sue alone. Such action may be maintained against the person causing the injury, or if such person be employed by another person, who is responsible for his conduct, also against such other person.
History:
[(5-310) C.C.P. 1881, sec. 191; R.S. & R.C., sec. 4099; am. 1915, ch. 120, sec. 3, p. 266; reen. C.L., sec. 4099; C.S., sec. 6643; I.C.A., sec. 5-310; am. 1972, ch. 177, sec. 1, p. 444; am. 1984, ch. 158, sec. 1, p. 385.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-311 - SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES.

5-311. SUIT FOR WRONGFUL DEATH BY OR AGAINST HEIRS OR PERSONAL REPRESENTATIVES — DAMAGES. (1) When the death of a person is caused by the wrongful act or neglect of another, his or her heirs or personal representatives on their behalf may maintain an action for damages against the person causing the death, or in case of the death of such wrongdoer, against the personal representative of such wrongdoer, whether the wrongdoer dies before or after the death of the person injured. If any other person is responsible for any such wrongful act or neglect, the action may also be maintained against such other person, or in case of his or her death, his or her personal representatives. In every action under this section, such damages may be given as under all the circumstances of the case as may be just.
(2) For the purposes of subsection (1) of this section, and subsection (2) of section 5-327, Idaho Code, "heirs" means:
(a) Those persons who would be entitled to succeed to the property of the decedent according to the provisions of subsection (22) of section 15-1-201, Idaho Code.
(b) Whether or not qualified under subsection (2)(a) of this section, the decedent’s spouse, children, stepchildren, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the illegitimate child of a mother, but not the illegitimate child of the father unless the father has recognized a responsibility for the child’s support.
1. "Support" includes contributions in kind as well as money.
2. "Services" means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the heirs of the decedent. These services may vary according to the identity of the decedent and heir and shall be determined under the particular facts of each case.
(c) Whether or not qualified under subsection (2)(a) or (2)(b) of this section, the putative spouse of the decedent, if he or she was dependent on the decedent for support or services. As used in this subsection, "putative spouse" means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
(d) Nothing in this section shall be construed to change or modify the definition of "heirs" under any other provision of law.
History:
[5-311, added 1984, ch. 158, sec. 3, p. 385; am. 2010, ch. 349, sec. 1, p. 911.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-319 - DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS.

5-319. DEATH OR TRANSFER OF INTEREST — PROCEDURE — ACTIONS BY OR AGAINST PUBLIC OFFICERS. An action or proceeding does not abate by the death or any disability of a party, or by the transfer of any interest therein, if the cause of action or proceeding survive or continue. In case of the death or any disability of a party, the court, on motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest the action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. An action or proceeding brought by or against any public officer in his official capacity and which action or proceeding is pending at the time of his death, resignation, retirement or removal from office does not abate. The court on its own motion or on motion for substitution may substitute the successor in office and allow the action or proceeding to be continued against such successor.
History:
[(5-319) C.C.P. 1881, sec. 200; R.S., R.C., & C.L., sec. 4108; C.S., sec. 6652; am. 1931, ch. 96, sec. 1, p. 169; I.C.A., sec. 5-319.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-321 - INTERPLEADER.

5-321. INTERPLEADER. In an action commenced by a person possessing specific personal property which is claimed by two (2) or more persons to determine to which the property should be delivered, or in an action for the recovery of specific personal property where a third person demands of the defendant the same property, the court in its discretion, on motion of the person possessing the property, and notice to the persons claiming the property, whether or not they are parties to the action, may, before answer, make an order discharging the person possessing the property from liability to claiming persons and interplead such claiming person or persons in the action. The order shall not be made except on the condition that the person possessing the property shall deliver the property or its value to the clerk of the court or to such custodian as the court may direct, and unless it appears from the affidavit of the person possessing the property, filed with the clerk with the motion, that such person or persons claiming makes or make such demand without collusion with the party possessing the property. The affidavit of such third person as to whether he makes such demand of the defendant may be read on the hearing of the motion.
A person possessing the property who follows the procedure set forth above may insert in his motion for interpleader a request for allowance of his costs and reasonable attorney fees incurred in such action. In ordering the discharge of such party, the court may, in its discretion, award such party his costs and reasonable attorney fees from the amount in dispute which has been deposited with the court. At the time of final judgment in the action, the court may make such further provision for assumption of such costs and attorney fees by one (1) or more of the adverse claimants. At the same time, the court may, in its discretion, award to the person determined to be entitled to the property his costs and reasonable attorneys’ fees against an unsuccessful claimant if the claim asserted by said claimant was frivolous or without substantial merit.
History:
[I.C., sec. 5-321, as added by 1971, ch. 164, sec. 2, p. 786.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-326 - UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES.

5-326. UNKNOWN OWNERS OR HEIRS — EFFECT OF JUDGMENTS AND DECREES. Judgments and decrees rendered in actions or proceedings when persons have been made parties and served by publication of summons, shall have the same effect in all respects as if such persons had been made parties by their own proper names, and had been served by publication and mailing of summons according to the statutes in such case made and provided. If in such action or proceeding persons are made parties by the designation of unknown heirs as aforesaid, the judgment or decree shall be conclusive as to all heirs of such deceased party. When in any action or proceeding persons are made defendants by the designation of unknown devisees as aforesaid, the judgment or decree in such proceeding shall be conclusive as against all devisees of such deceased person. When in any action or proceeding persons are made defendants by the designation of unknown owners as aforesaid, the judgment or decree rendered in such action or proceeding shall be conclusive as against the world, including all contingent interests in the controversy and persons not in being who may have an interest or contingent interest therein.
History:
[(5-326) 1903, p. 370, sec. 3; reen. R.C. & C.L., sec. 4116; C.S., sec. 6660; am. 1927, ch. 111, sec. 1, p. 154; I.C.A., sec. 5-326.]
2023 Idaho Code › Title 5 - PROCEEDINGS IN CIVIL ACTIONS IN COURTS OF RECORD › Chapter 3 - PARTIES TO ACTIONS › Section 5-327 - PERSONAL INJURIES — PROPERTY DAMAGE — DEATH OF WRONGDOER — DEATH OF INJURED PARTY — SURVIVAL OF ACTION.

5-327. PERSONAL INJURIES — PROPERTY DAMAGE — DEATH OF WRONGDOER — DEATH OF INJURED PARTY — SURVIVAL OF ACTION. (1) Causes of action arising out of injury to the person or property, or death, caused by the wrongful act or negligence of another, except actions for slander or libel, shall not abate upon the death of the wrongdoer, and each injured person or the personal representative of each one meeting death, as above stated, shall have a cause of action against the personal representative of the wrongdoer; provided, however, the punitive damages or exemplary damages shall not be awarded nor penalties adjudged in any such action; provided, however, that the injured person shall not recover judgment except upon some competent, satisfactory evidence corroborating the testimony of said injured person regarding negligence and proximate cause.
(2) A cause of action for personal injury or property damage caused by the wrongful act or negligence of another shall not abate upon the death of the injured person from causes not related to the wrongful act or negligence. Provided however, that the damages that may be recovered in such action are expressly limited to those for: (i) medical expenses actually incurred, (ii) other out-of-pocket expenses actually incurred, and (iii) loss of earnings actually suffered, prior to the death of such injured person and as a result of the wrongful act or negligence. Such action shall be commenced or, if already commenced at the time of the death of the injured person, shall be thereafter prosecuted by the personal representative of the estate of the deceased person or, if there be no personal representative appointed, then by those persons who would be entitled to succeed to the property of the deceased person according to the provisions of section 5-311(2)(a), Idaho Code.
History:
[5-327, added 1949, ch. 47, sec. 1, p. 82; am. 1965, ch. 137, sec. 1, p. 270; am. 1971, ch. 209, sec. 1, p. 918; am. 2010, ch. 349, sec. 2, p. 912.]