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43.0120 Limitation periods.

Cite as [A.S.C.A. § 43.0120]

Actions may be brought within the following times after their causes accrue, and not afterward, except where otherwise especially declared:

(1) actions brought to set aside a will, within 6 months from the time the will is filed in the clerk’s office for probate and notice thereof is given;

(2) actions founded on injuries to the person or reputation, including injuries to relative rights, whether based on contract or tort, or for a statutory penalty, within 2 years;

(3) actions founded on unwritten contracts, or brought for injuries to property, within 3 years;

(4) actions to set aside a judgment or decree quieting title to real estate, within 5 years after the rendition of the judgment or decree;

(5) actions founded on written contracts, or a judgment of a court of record, within 10 years;

(6) actions brought for the recovery of real property, within 20 years;

(7) all actions for which no limitation period is provided, 3 years.

History: 1962, PL 7-36.

Case Notes:

Action based on release of groceries to consignee without obtaining payment is not action based on injuries to person or reputation. Micronesian-Hawaiian Trading Co. v. Young, ASR (1979).

Neither paragraph (2) or (7) is applicable to a wrongful death action; Subsection (d) of 43.5001 applies. Tauanuu v. Hartford Fire Ins. Co., ASR (1976).

Actions for recovery of real property must be brought within 20 years after cause of action accrues. RCAS 3.1101. Fau v. Wilson, 4 ASR 443 (1964).

Action to recover littoral rights taken by the government ninety years ago is barred by the doctrine of laches and by a statute which bars causes of action to recover real property if not brought within twenty years after they accrue. A.S.C.A. § 43.0120(6). Vaivao v. Craddick, 14 A.S.R.2d 108 (1990).

Persons who have been injured by private persons have two years after the cause of action accrues in which to file suit. A.S.C.A. § 43.0120(2). Randall v. American Samoa Gov't, 19 A.S.R.2d 111 (1991).

Where the parties could be ascertained from the face of a note and security agreement executed by appellants in which terms, provisions, and conditions were fully set forth in writing, and the lender did not sign the agreement, but accepted or adopted it and relied on its validity as a promissory note, such note and security agreement was a written contract subject to a ten-year statute of limitations. A.S.C.A. § 43.0120. Pene v. Bank of Hawaii, 17 A.S.R.2d 168 (1990).

The statutes of limitations for filing suit are two years for actions on personal injury, three years for actions on unwritten contracts, ten years for actions on written contracts, and twenty years for actions to recover real property. A.S.C.A. § 43.0120. Jennings v. Jennings, 19 A.S.R.2d 34 (1991).

Limitation of actions and adverse possession, while facts giving rise to them are usually intertwined, are separate laws and may sometimes depend on different facts. A.S.C.A. §§ 37.0120, 43.0120(6). Roberts v. Sesepasara, 8 A.S.R.2d 43 (1988).

Purchaser's possession of land as lessee prior to her purchase might count toward thirty year period for adverse possession, but did not prevent the purchase from giving rise to a new cause of action for the purpose of twenty year statute of limitations. A.S.C.A. §§ 37.0120, 43.0120(6). Roberts v. Sesepasara, 8 A.S.R.2d 43 (1988).

If claimant of land was unaware of the identity of occupants of the land at the time suit was filed, naming the occupants as "Doe defendants" was sufficient to toll the statute of limitations. A.S.C.A. § 43.0120(6). Roberts v. Sesepasara, 8 A.S.R.2d 43 (1988).

A two-year statute of limitations applies to actions founded on personal injuries. A.S.C.A. § 43.0120(2). Afatasi v. Ho Ching, 17 A.S.R.2d 173 (1990).

Actions founded on personal injuries, whether based on contract or tort, must be brought within two years. A.S.C.A. § 43.0120(2). Patau v. Rosendahl Corp., 19 A.S.R.2d 80 (1992).

If a case has not been brought within the time limits of A.S.C.A. § 43.0120, summary judgment may be properly entered against plaintiff(s). Patau v. Rosendahl, 20 A.S.R.2d 77 (1992).

Persons who have been injured by private persons have two years after the cause of action accrues in which to file suit. A.S.C.A. § 43.0120(2). Randall v. American Samoa Gov't, 19 A.S.R.2d 111 (1991).