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§12-95.
§12-95.
Civil actions other than for the recovery of real property can only be
brought within the following periods, after the cause of action shall
have accrued, and not afterwards:
1. Within five (5) years: An action upon any contract, agreement, or
promise in writing;
2. Within three (3) years: An action upon a contract express or
implied not in writing; an action upon a liability created by statute
other than a forfeiture or penalty; and an action on a foreign
judgment;
3. Within two (2) years: An action for trespass upon real property; an
action for taking, detaining, or injuring personal property, including
actions for the specific recovery of personal property; an action for
injury to the rights of another, not arising on contract, and not
hereinafter enumerated; an action for relief on the ground of fraud -
the cause of action in such case shall not be deemed to have accrued
until the discovery of the fraud;
4. Within one (1) year: An action for libel, slander, assault,
battery, malicious prosecution, or false imprisonment; an action upon
a statute for penalty or forfeiture, except where the statute imposing
it prescribes a different limitation;
5. An action upon the official bond or undertaking of an executor,
administrator, guardian, sheriff, or any other officer, or upon the
bond or undertaking given in attachment, injunction, arrest, or in any
case whatever required by the statute, can only be brought within five
(5) years after the cause of action shall have accrued;
6. An action based on intentional conduct brought by any person for
recovery of damages for injury suffered as a result of childhood
sexual abuse incidents or exploitation as defined by Section 845 of
Title 21 of the Oklahoma Statutes or incest can only be brought within
the latter of the following periods:
a. within two (2) years of the act alleged to have caused the injury
or condition, or
b. within two (2) years of the time the victim discovered or
reasonably should have discovered that the injury or condition was
caused by the act or that the act caused the injury for which the
claim is brought.
Provided, however, that the time limit for commencement of an action
pursuant to this paragraph is tolled for a child until the child
reaches the age of eighteen (18) years. No action may be brought
against the alleged perpetrator or the estate of the alleged
perpetrator after the death of such alleged perpetrator. An action
pursuant to this paragraph must be based upon objective verifiable
evidence in order for the victim to recover damages for injuries
suffered by reason of such sexual abuse, exploitation, or incest. The
evidence should include both proof that the victim had psychologically
repressed the memory of the facts upon which the claim was predicated
and that there was corroborating evidence that the sexual abuse,
exploitation, or incest actually occurred. The victim need not
establish which act in a series of continuing sexual abuse incidents,
exploitation incidents, or incest caused the injury complained of, but
may compute the date of discovery from the date of discovery of the
last act by the same perpetrator which is part of a common scheme or
plan of sexual abuse, exploitation, or incest. Provided further, any
action based on intentional conduct specified in paragraph 6 of this
section must be commenced within twenty (20) years of the victim
reaching the age of eighteen (18);
7. An action to establish paternity and to enforce support obligations
can be brought any time before the child reaches the age of eighteen
(18);
8. An action to establish paternity can be brought by a child if
commenced within one (1) year after the child reaches the age of
eighteen (18);
9. Court-ordered child support is owed until it is paid in full and it
is not subject to a statute of limitations; and
10. An action for relief, not hereinbefore provided for, can only be
brought within five (5) years after the cause of action shall have
accrued.
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