KSC, TITLE 6.  THE JUDICIARY
 
Chapter 25.  Limitations

Section 6.2501.  Commencement of action.
Section 6.2502.  Computation.
Section 6.2503.  Limitation of twenty years.
Section 6.2504.  Limitation of two years.
Section 6.2505.  Action by or against an estate.
Section 6.2506.  Limitation of six years.
Section 6.2507.  Disability.
Section 6.2508.  Mutual account.
Section 6.2509.  Absence.
Section 6.2510.  Fraudulent concealment.
Section 6.2511.  Contrary agreement.

      Section 6.2501.  Commencement of action.
       Commencement of an action, or a proceeding in enforcement, occurs only within the period stated in this chapter, except as otherwise provided in this chapter.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2502.  Computation.
       Except as otherwise provided in this chapter, computation of a period of limitations is from the date when the cause of action accrued.

      Section 6.2503.  Limitation of twenty years.

     (1)  Commencement of the following actions occurs within twenty years after accrual of the cause of action:

     (a)  an action on a judgment; or

     (b)  an action for the recovery of land or an interest in land.

     (2)  If a cause of action accrued to an ancestor or predecessor of the person commencing the action, or to a person under whom he claims, computation of the twenty year period begins from the time the cause of action accrued.

     (3)  A court judgment is presumed to have been paid and satisfied at the expiration of twenty years after rendition.

      Section 6.2504.  Limitation of two years.
       Commencement of the following actions occurs within two years after accrual of the cause of action:

     (1)  an action for assault and battery, false imprisonment, or defamation;

     (2)  an action against the Chief of Police, police officer or person duly authorized to serve process for an act or omission in connection with the performance of his official duties;

     (3)  an action for malpractice, error, or mistake by a physician, surgeon, dentist, medical or dental practitioner, or medical or dental assistant;

     (4)  an action for injury or death caused by wrongful act or neglect, except as provided in Chapter 29;

     (5)  an action by a depositor against a bank for the payment of a forged or raised check, or check which bears a forged or unauthorized endorsement; or

     (6)  an action for wrongful death.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.2505.  Action by or against an estate.
       Commencement of an action by or against a deceased's executor, administrator or representative for relief in favor of or against the deceased or his estate occurs within two years after the executor, administrator or representative receives appointment or first takes possession of the assets of the deceased, whichever occurs first.

      Section 6.2506.  Limitation of six years.
       Commencement of an action not stated in Sections 6.2503, 6.2504 or 6.2505 occurs within six years after accrual of the cause of action.

      Section 6.2507.  Disability.
       If a person entitled to an action is a minor, insane, or imprisoned when the cause of action accrues, commencement of the action may occur within the period stated in this chapter following removal of the disability.

      Section 6.2508.  Mutual account.
       In an action brought to recover the balance due upon a mutual and open account, or in an action in which there has been partial payment, the cause of action accrues at the proven time of the last item in the account.

      Section 6.2509.  Absence.
       If when a cause of action accrues against a person he is not in the State, commencement of the action may occur within the period following the person's subsequent return to the State.  If following accrual of an action against a person he departs and resides beyond the State, the period stated in this chapter does not include the period of absence.

      Section 6.2510.  Fraudulent concealment.
       If a person who would be liable in an action fraudulently conceals the existence of the action from the knowledge of a person entitled to bring it, commencement of the action may occur within the period stated in this chapter following the entitled person's discovery, or his reasonable opportunity of discovery, of the existence of the action.

      Section 6.2511.  Contrary agreement.
       An agreement for a period different from a period stated in this chapter is invalid.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.