CHAPTER 4-11
LIMITATION OF ACTIONS

4-11-1 When Appropriate.

Civil suits, after the cause of action happens, can only be brought within the periods described and at no other time. There shall be no limitation against civil actions brought by the Tribe, on its own behalf, except when expressly stated otherwise.

4-11-2 Real Actions.

Actions for the recovery of real property or for the determination of any adverse right or interest can only be brought within:

(A)    Five (5) years after the passage of this Title.

(B)    Three (3) years when the action is for the forcible entry and detention of real property.

(C)    Nothing in this Section should be construed to impose any limitation upon the enforcement of a right to possession of real property held by the United States in trust for any Indian or Indian tribe under any law of the United States or restricted against alienation by any law of the United States in conformity to the laws of the United States relating to such real property.

4-11-3 Other Actions.

Civil actions other than for the recovery of real property can only be brought within:

(A)    Seven (7) years when an action is on any written contract, agreement or promise.

(B)    Five (5) years when an action is on an unwritten contract, agreement or promise.

(C)    Three (3) years when an action for trespass on real property, an action for personal property, an action for injury to the rights of another, not arising on contract except as otherwise provided in construction tort claims, an action for fraud.

(D)    One (1) year when an action is for libel, slander, or malicious prosecution.

(E)    Five (5) years when an action is on the official bond or undertaking of an executor, administrator, guardian.

(F)    Five (5) years for another action not provided for.

4-11-4 Survival of Action.

A representative of a deceased person may initiate a new action within two (2) years provided that the deceased had already initiated the original action within the proper time frames.

4-11-5 Construction Tort Claims.

No action in tort to recover damages:

(A)    For any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property,

(B)    For injury to property, real or personal, arising out of any such deficiency, or

(C)    For injury to the person or for wrongful death arising out of any such deficiency, shall be brought against any person owning, leasing, or in possession of such an improvement or performing or furnishing the design, planning, supervision or observation of construction or construction of such an improvement more than ten (10) years after substantial completion of such an improvement.

4-11-6 New action, saving statute.

If any action be commenced within due time in tribal court or another court, and the plaintiff fail in such action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if the plaintiff die, and the cause of action survive, his or her representative may commence a new action within six months after such failure. This section shall also be applied retroactively to all of such new actions.

(Section 4-11-6, enacted by PBP TC No. 2004-061, April 8, 2004)