Bill > SB107

Introduced Session

Legislative Counsel's Digest: Existing law sets forth a 2-year statute of limitations for commencing an action 1 to recover damages for personal injury. (NRS 11.190) By default, existing law also 2 applies a 4-year statute of limitations to certain causes of action whose statute of 3 limitations is not otherwise expressly prescribed by law. (NRS 11.220) Existing law 4 does not expressly prescribe a statute of limitations for commencing actions for 5 wrongful termination of employment, and the Nevada Supreme Court has held that 6 such actions are governed by the 2-year statute of limitations for commencing 7 actions to recover damages for personal injury. (Patush v. Las Vegas Bistro, LLC, 8 135 Nev. 353 (2019)) Section 1of this bill expressly establishes a 4-year statute of 9 limitations for commencing an action for wrongful termination of employment. 10 Section 2of this bill requires the default statute of limitations to apply to certain 11 causes of action whose statute of limitations is not otherwise prescribed by law, 12 regardless of whether the underlying cause of action is analogous to any other cause 13 of action with a statute of limitations expressly prescribed by law. Section 3of this 14 bill provides that the amendatory provisions of this bill apply to an action 15 commenced on or after the effective date of this bill. 16 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 11.190 is hereby amended to read as follows: 11.190 Except as otherwise provided in NRS 40.4639, 2 125B.050 and 217.007, actions other than those for the recovery of 3 real property, unless further limited by specific statute, may only be 4 commenced as follows: 5 1. Within 6 years: 6 (a) Except as otherwise provided in NRS 62B.420 and 176.275, 7 an action upon a judgment or decree of any court of the United 8 States, or of any state or territory within the United States, or the 9 renewal thereof. 10 (b) An action upon a contract, obligation or liability founded 11 upon an instrument in writing, except those mentioned in the 12 preceding sections of this chapter. 13 2. Within 4 years: 14 (a) An action on an open account for goods, wares and 15 merchandise sold and delivered. 16 (b) An action for any article charged on an account in a store. 17 (c) An action upon a contract, obligation or liability not founded 18 upon an instrument in writing. 19 (d) An action against a person alleged to have committed a 20 deceptive trade practice in violation of NRS 598.0903 to 598.0999, 21 inclusive, but the cause of action shall be deemed to accrue when 22 the aggrieved party discovers, or by the exercise of due diligence 23 should have discovered, the facts constituting the deceptive trade 24 practice. 25 (e) An action for wrongful termination of employment. 26 3. Within 3 years: 27 (a) An action upon a liability created by statute, other than a 28 penalty or forfeiture. 29 (b) An action for waste or trespass of real property, but when the 30 waste or trespass is committed by means of underground works 31 upon any mining claim, the cause of action shall be deemed to 32 accrue upon the discovery by the aggrieved party of the facts 33 constituting the waste or trespass. 34 (c) An action for taking, detaining or injuring personal property, 35 including actions for specific recovery thereof, but in all cases 36 where the subject of the action is a domestic animal usually included 37 in the term livestock, which has a recorded mark or brand upon it 38 at the time of its loss, and which strays or is stolen from the true 39 owner without the owner s fault, the statute does not begin to run 40 against an action for the recovery of the animal until the owner has 41 actual knowledge of such facts as would put a reasonable person 1 upon inquiry as to the possession thereof by the defendant. 2 (d) Except as otherwise provided in NRS 112.230 and 166.170, 3 an action for relief on the ground of fraud or mistake, but the cause 4 of action in such a case shall be deemed to accrue upon the 5 discovery by the aggrieved party of the facts constituting the fraud 6 or mistake. 7 (e) An action pursuant to NRS 40.750 for damages sustained by 8 a financial institution or other lender because of its reliance on 9 certain fraudulent conduct of a borrower, but the cause of action in 10 such a case shall be deemed to accrue upon the discovery by the 11 financial institution or other lender of the facts constituting the 12 concealment or false statement. 13 4. Within 2 years: 14 (a) An action against a sheriff, coroner or constable upon 15 liability incurred by acting in his or her official capacity and in 16 virtue of his or her office, or by the omission of an official duty, 17 including the nonpayment of money collected upon an execution. 18 (b) An action upon a statute for a penalty or forfeiture, where the 19 action is given to a person or the State, or both, except when the 20 statute imposing it prescribes a different limitation. 21 (c) An action for libel, slander, assault, battery, false 22 imprisonment or seduction. 23 (d) An action against a sheriff or other officer for the escape of a 24 prisoner arrested or imprisoned on civil process. 25 (e) Except as otherwise provided in NRS 11.215, an action to 26 recover damages for injuries to a person or for the death of a person 27 caused by the wrongful act or neglect of another. The provisions of 28 this paragraph relating to an action to recover damages for injuries 29 to a person apply only to causes of action which accrue after 30 March 20, 1951. 31 (f) An action to recover damages under NRS 41.740. 32 5. Within 1 year: 33 (a) An action against an officer, or officer de facto to recover 34 goods, wares, merchandise or other property seized by the officer in 35 his or her official capacity, as tax collector, or to recover the price or 36 value of goods, wares, merchandise or other personal property so 37 seized, or for damages for the seizure, detention or sale of, or injury 38 to, goods, wares, merchandise or other personal property seized, or 39 for damages done to any person or property in making the seizure. 40 (b) An action against an officer, or officer de facto for money 41 paid to the officer under protest, or seized by the officer in his or her 42 official capacity, as a collector of taxes, and which, it is claimed, 43 ought to be refunded. 44 Sec. 2. NRS 11.220 is hereby amended to read as follows: 11.220 An action for relief, not hereinbefore provided for, must 2 be commenced within 4 years after the cause of action shall have 3 accrued . , regardless of whether the underlying cause of action 4 is analogous to that of any other cause of action with a statute of 5 limitations expressly prescribed by law. 6 Sec. 3. The amendatory provisions of this act apply to an 7 action commenced on or after the effective date of this act. 8

Committee Categories

James Ohrenschall (D)*, 

Chapter 161. (on 05/28/2021)

Official Document