SF 373

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 02/27/2012 10:30am

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 Four-year limitation; exceptions. (a) Except as provided
1.7in paragraph (b) and where the Uniform Commercial Code otherwise prescribes, the
1.8following actions shall be commenced within six four 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; or
2.3(9) for damages caused by a dam, used for commercial purposes; or.
2.4(10) (b) An action for assault, battery, false imprisonment, or other tort resulting in
2.5personal injury, shall be commenced within six years if the conduct that gives rise to the
2.6cause of action also constitutes domestic abuse as defined in section 518B.01.
2.7EFFECTIVE DATE.This section is effective August 1, 2012, and applies to causes
2.8of action accruing on or after that date.