CHAPTER 1-5
LIMITATIONS ON ACTIONS
§ 1-5-1 Limitations in General (amended 8/24/99)
(a) Any action or prosecution under this code must be commenced within the periods prescribed in this chapter except when a different limitation is prescribed by tribal law.
(b) The period of limitation shall not run during any period in which a party is not physically on the Nez Perce Reservation, is in the custody of another sovereign, or in any way knowingly avoids service.
§ 1-5-2 Criminal Offenses (amended 8/24/99)
(a) A complaint shall be filed within five (5) years following the commission of a criminal offense.
(b) The period of limitations shall commence upon the commission of the offense, except that the period of limitations will commence on the date that the Tribe knows or should reasonably know of the offenses commission for:
(1) offenses involving deceit, fraud, breach of trust;
(2) where the defendant has acted to conceal the offense; or
(3) where the offense is of the nature that its commission is unlikely to be discovered upon commission.
(c) The period of limitation shall not run during any period in which the defendant is not physically on the Nez Perce Reservation, is in the custody of another sovereign, or in any way knowingly avoids service.
§ 1-5-3 Contracts
An action upon any contract, obligation or liability founded upon an instrument in writing shall be commenced within five (5) years. An action upon a contract obligation or liability not founded upon an instrument of writing shall be commenced within four (4) years.
§ 1-5-4 Statutory Liabilities, Trespass, Trover, Replevin, and Fraud
(a) The following actions shall be commenced within (3) years:
(1) an action upon a liability created by this code, other than a penalty or forfeiture. The cause of action in favor of the Nez Perce Tribe or any political subdivision thereof, upon a surety bond or undertaking provided for or required by this code shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the tribe 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 shall not be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
§ 1-5-5 Actions Against Officers, for Penalties, on Bonds, and for Professional Malpractice or for Personal Injuries
(a) The following actions shall be commenced within two (2) years:
(1) an action against a tribal police officer, upon the liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution;
(2) an action provided by this code in relation to a criminal action for a forfeiture or penalty;
(3) an action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant. When the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the action shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of. In such a case, the action must be commenced within one (1) year following the date of accrual or two (2) years following the occurrence, act or omission complained of, whichever is later. In all other actions, whether arising from professional malpractice or otherwise, the cause of action shall be deemed to have accrued as of the time of the occurrence, act or omission complained of, and the limitation period shall not be extended by reason of any continuing consequences or damages resulting therefrom or any continuing professional or commercial relationship between the injured party and the alleged wrongdoer;
(4) an action for defamation, assault, battery or false imprisonment.
§ 1-5-6 Limitations Apply to Tribe
The limitations prescribed in this chapter apply to actions brought in the name of the Tribe, or for the benefit of the Tribe, in the same manner as to actions by private parties.
§ 1-5-7 Actions for Other Relief
An action for relief not otherwise provided for in this chapter must be commenced within four (4) years after the cause of action shall have accrued.
§ 1-5-8 Action, when Commenced
An action is commenced within the meaning of this chapter when the complaint is filed.
§ 1-5-9 Persons under Disabilities
(a) 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;
(2) insane; or
(3) imprisoned on a criminal charge or under the sentence of a criminal court for a term less than for life; 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, any legal disability or for other cause or reason except as specifically provided in this section.
(b) 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) under the age of majority;
(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; then the term during which such disability continues is not deemed any portion of the time limitation 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 five (5) 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.
(c) No person can avail himself of a disability unless it existed when his right of action accrued. When two (2) or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.
§ 1-5-10 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 war is not part of the period limited for the commencement of the action.
§ 1-5-11 Reversal 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.
§ 1-5-12 Action Stay by Injunction or Code
When the commencement of an action is stayed by injunction or prohibition under this code the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
§ 1-5-13 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.