Statute of Limitations for Written Contract in Idaho

How the limitation period applies

The controlling primary authority for US-ID statute-of-limitations — written-contract (Idaho Code § 5-216 5 years) is Idaho Code § 5-219.

Idaho Code § 5-219. 5-219. Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries. Within two (2) years: 1. An action against a sheriff, coroner or constable, upon the liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. 2. An action upon a statute for a penalty or forfeiture, where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation. 3. An action upon a statute or upon an undertaking in a criminal action for a forfeiture or penalty to a county or to the people of the state. 4. An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another, including any such action arising from breach of an implied warranty or implied covenant; provided, however, when the action is for damages arising out of the placement and inadvertent, accidental or unintentional leaving of any foreign object in the body of any person by reason of the professional malpractice of any hospital, physician or other person or institution practicing any of the healing arts or when the fact of damage has, for the purpose of escaping responsibility therefor, been fraudulently and knowingly concealed from the injured party by an alleged wrongdoer standing at the time of the wrongful act, neglect or breach in a professional or commercial relationship with the injured party, the same shall be deemed to accrue when the injured party knows or in the exercise of reasonable care should have been put on inquiry regarding the condition or matter complained of; but in all other actions, whether arising from professional malpractice or otherwise, the cause of action shall be deemed to have accrued as of the time of the occurrence, act or omission complained of, and the limitation period shall not be extended by reason of any continuing consequences or damages resulting therefrom or any continuing professional or commercial relationship between the injured party and the alleged wrongdoer, and, provided further, that an action within the foregoing foreign object or fraudulent concealment exceptions must be commenced within one (1) year following the date of accrual as aforesaid or two (2) years following the occurrence, act or omission complained of, whichever is later. The term "professional malpractice" as used herein refers to wrongful acts or omissions in the performance of professional services by any person, firm, association, entity or corporation licensed to perform such services under the law of the state of Idaho. This subsection shall not affect the application of section 5-243, Idaho Code, except as to actions arising from professional malpractice. Neither shall this subsection be deemed or construed to amend, or repeal section 5-241, Idaho Code. 5. An action for libel, slander, assault, battery, false imprisonment or seduction. 6. An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process.

Related statutes

Idaho Code § 5-241 — Accrual of actions arising out of the design or construction of improvement to real property

(1) Actions will be deemed to have accrued and the statute of limitations shall begin to run as to actions against any person by reason of his having performed or furnished the design, planning, supervision, or construction of an improvement to real property, as follows: (a) Tort actions, if not previously accrued, shall accrue and the applicable limitation statute shall begin to run six (6) years after the final completion of construction. (b) Contract actions shall accrue and the applicable limitation statute shall begin to run at the time of final completion of construction. (2) The times fixed by this section shall not be asserted as a defense by any person in actual possession or control (as owner, tenant, or otherwise) of the improvement when a deficiency constitutes the proximate cause of injury or death. (3) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

Idaho Code § 5-218 — Statutory liabilities, trespass, trover, replevin, and fraud

5-218. Statutory liabilities, trespass, trover, replevin, and fraud. Within three (3) years: 1. An action upon a liability created by statute, other than a penalty or forfeiture. The cause of action in favor of the state of Idaho or any political subdivision thereof, upon a surety bond or undertaking provided for or required by statute shall not be deemed to have accrued against any surety on such bond or undertaking until the discovery by the state of Idaho or any political subdivision thereof of the facts constituting the liability. 2. An action for trespass upon real property. 3. An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property. 4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.

Idaho Code § 5-216 — Action on written contract

Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing. The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall never be asserted nor interposed as a defense to any action in the name or for the benefit of the state although such limitations may have become fully operative as a defense prior to the adoption of this amendment.

Idaho Code § 5-217 — Action on oral contract

Within four (4) years: An action upon a contract, obligation or liability not founded upon an instrument of writing.

Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

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Sources

• Idaho Code § 5-241 — Accrual of actions arising out of the design or construction of improvement to real property
• Idaho Code § 5-219 — Actions against officers, for penalties, on bonds, and for professional malpractice or for personal injuries
• Idaho Code § 5-218 — Statutory liabilities, trespass, trover, replevin, and fraud
• Idaho Code § 5-216 — Action on written contract
• Idaho Code § 5-217 — Action on oral contract

All sources are official primary law published by legislature.idaho.gov.

Corroboration method: multi-path verification on same legislature.idaho.gov host.