I. IN GENERAL

STATUTES OF LIMITATIONS AND

TIME-LIMITING RULES FOR

CIVIL PROCEEDINGS

A. ACTIONS NOT OTHERWISE ADDRESSED. All actions not included in A.C.A. § 16-56­104, 105, 108 and 109 shall be commenced within five (5) years after the cause of action has accrued. A.C.A. § 16-56-115 (1987).

B. COMPUTATION OF TIME.

 

1. In general. In computing any period of time prescribed or allowed by these rules, by order of the Court or by any applicable statute, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time prescribed or allowed is less than fourteen (14) days, intermediate Saturdays, Sundays, or legal holidays shall be excluded in the computation. Ark. Civ. R. P. Rule 6 (2002).

 

2. Legal holidays. Legal holidays are "those days designated as a holiday by the President or Congress of the United States or designated by the laws of this State." Ark. Civ. R. P. Rule 6 (2002).

 

3. Sundays. Where the last day for commencing a wrongful death action within the three­year statute of limitations fell on a Sunday and where the summons was placed in the hands of the county sheriff on the following Monday, the action was timely. Vermeer Mfg. Co. v. Steel, 263 Ark. 323, 564 S.W.2d 518 (1978).

 

C. DISABILITY. If any person entitled to bring any action under law of this state is, at the time of the accrual of the cause of action, under twenty-one (21) years of age, or insane, that person may bring the action within three (3) years next after attaining full age, or within three (3) years next after the disability is removed. A.C.A. § 16-56-116(a) (1987 & Supp. 2001). When two (2) or more disabilities are existing at the time the right of action or entry accrued, the limitation prescribed shall not attach until all the disabilities are removed. A.C.A. § 16-56­116(c) (1987 & Supp. 2001).

D. NEW ACTION: FILING MANDATE. If an action is timely commenced and the plaintiff suffers a nonsuit, or after a verdict for plaintiff judgment is arrested or reversed on appeal or writ of error, the plaintiff may commence a new action within one (1) year after the nonsuit suffered or judgment arrested or reversed. However, if after judgment for plaintiff the judgment is reversed on appeal or writ of error and the cause is remanded for another trial, the mandate shall be taken out and filed in the court from which the appeal is taken within one (1) year from rendition of the judgment of reversal; otherwise, the cause shall be forever barred. A.C.A. § 16-56-126 (1987).

 

E. NONRESIDENTS. All statutes of limitations now in force shall apply to nonresidents as well as residents of this state. A.C.A. § 16-56-101 (1987).

 

F. PRISONERS HELD OUTSIDE STATE: TIME FOR BRINGING ACTIONS. If any person entitled to bring any action under any law of this state is, at the time of the accrual of the cause of action, under twenty-one (21) years of age, or insane, or imprisoned beyond the limits of this state, that person may bring the action within three (3) years next after reaching twenty-one (21), or within three (3) years after such disability is removed. A.C.A. § 16-56­116(a) (1987 & Supp. 2001).

 

G. SUSPENSION OF TIME.

 

1. Armed forces personnel. The statute of limitations periods are suspended so far as those statutes affect the claim or cause of action of a person in the armed forces of the United States during the existence of a state of war between the United States Government and any other nation, and for six (6) months thereafter. A.C.A. § 16-56-118(a) (1987).

 

2. Death of person entitled to sue. If any person entitled to bring any action specified in this act dies before the expiration of the time limited for the commencement of the suit, and if the cause of action survives to his representatives, then his executors or administrators may commence the suit, after the expiration of such time and within one (1) year after his death, but not after that period. A.C.A. § 16-56-117(a) (1987).

 

3. Death of defendant. If any action has been commenced within the times respectively prescribed in the provisions of this act, and the defendant in the suit dies before judgment, and if the right of action survives against the representatives of the defendant, the plaintiff may commence a new action against the heirs, executors, or administrators of the defendant, as the case may require, within one (1) year after the defendant's death; or, if no executor or administrator be appointed within the time, then within one (1) year after the letters testamentary or of administration have been granted. A.C.A. § 16-56-117(b) (1987).

 

4. Death of plaintiff. When a timely-filed action abates by reason of the death of the plaintiff, if the right of action survives to his representatives, the plaintiff's executor or administrator may, within one (1) year after his death, commence a new action. If any action so commenced by an executor or administrator abates by the death of the plaintiff, a new action may be commenced by the administrator of the same estate at any time within one (1) year after the abatement. A.C.A. § 16-56-117(c) (1987).