SF 373

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 02/27/2012 10:30 a.m.

1.1A bill for an act 1.2relating to civil actions; reducing the limitation period for bringing certain 1.3actions;amending Minnesota Statutes 2010, section 541.05, subdivision 1. 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5    Section 1. Minnesota Statutes 2010, section 541.05, subdivision 1, is amended to read: 1.6    Subdivision 1. Six-year new text begin Four-year new text end limitation new text begin ; exceptions new text end . new text begin (a) new text end Except new text begin as provided new text end 1.7 new text begin in paragraph (b) and new text end where the Uniform Commercial Code otherwise prescribes, the 1.8following actions shall be commenced within six new text begin four new text end years: 1.9(1) upon a contract or other obligation, express or implied, as to which no other 1.10limitation is expressly prescribed; 1.11(2) upon a liability created by statute, other than those arising upon a penalty or 1.12forfeiture or where a shorter period is provided by section 541.07; 1.13(3) for a trespass upon real estate; 1.14(4) for taking, detaining, or injuring personal property, including actions for the 1.15specific recovery thereof; 1.16(5) for criminal conversation, or for any other injury to the person or rights of 1.17another, not arising on contract, and not hereinafter enumerated; 1.18(6) for relief on the ground of fraud, in which case the cause of action shall not be 1.19deemed to have accrued until the discovery by the aggrieved party of the facts constituting 1.20the fraud; 1.21(7) to enforce a trust or compel a trustee to account, where the trustee has neglected to 1.22discharge the trust, or claims to have fully performed it, or has repudiated the trust relation; 1.23(8) against sureties upon the official bond of any public officer, whether of the 1.24state or of any county, town, school district, or a municipality therein; in which case 2.1the limitation shall not begin to run until the term of such officer for which the bond 2.2was given shall have expired; new text begin or new text end 2.3(9) for damages caused by a dam, used for commercial purposes; or new text begin . new text end 2.4(10) new text begin (b) An action new text end for assault, battery, false imprisonment, or other tort resulting in 2.5personal injury, new text begin shall be commenced within six years new text end if the conduct that gives rise to the 2.6cause of action also constitutes domestic abuse as defined in section 518B.01. 2.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2012, and applies to causes new text end 2.8 new text begin of action accruing on or after that date. new text end