Find Legal Information

Chapter 5 — ACTIONS.

• Section 6-5-1 Right to commence actions — Generally.
• Section 6-5-2 Right to commence actions - In foreign jurisdictions.
• Section 6-5-3 Right to commence actions - By successor of public officer.
• Section 6-5-4 Recovery of public moneys, funds or property.
• Section 6-5-20 Presentment of claim to county commission.
• Section 6-5-30 Right of aggrieved person to commence action.
• Section 6-5-31 Assignment of breaches on penal bonds or other writings.
• Section 6-5-50 Who may commence.
• Section 6-5-60 By whom and against whom action may be commenced; venue.
• Section 6-5-70 Furnishing liquor to minors.
• Section 6-5-71 Right of action of wife, child, parent, or other person for injury in consequence of illegal sale or disposition of liquor or beverages.
• Section 6-5-72 Liability of person for injury to third party in consequence of selling or furnishing controlled substance to minor.
• Section 6-5-90 Right of action against executor or administrator.
• Section 6-5-100 Fraud - Right of action generally.
• Section 6-5-101 Fraud - Misrepresentations of material facts.
• Section 6-5-102 Suppression of material facts.
• Section 6-5-103 Deceit - Right of action generally.
• Section 6-5-104 Deceit - Fraudulent deceit.
• Section 6-5-120 Defined.
• Section 6-5-121 Distinction between public and private nuisances; right of action generally.
• Section 6-5-122 Public nuisances - Abatement or enjoining by municipalities.
• Section 6-5-123 Public nuisances - Special damage to individual.
• Section 6-5-124 Right of action for private nuisance.
• Section 6-5-125 Injunction before completion.
• Section 6-5-126 Rights and responsibilities of alienees for continuance.
• Section 6-5-127 Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances.
• Section 6-5-140 Definitions.
• Section 6-5-141 Who deemed guilty of maintaining nuisance.
• Section 6-5-142 By whom action to abate and perpetually enjoin nuisance commenced.
• Section 6-5-143 Venue; filing of complaint; application for preliminary injunction.
• Section 6-5-144 Bond for preliminary injunction or temporary restraining order prior to hearing.
• Section 6-5-145 Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order.
• Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction.
• Section 6-5-147 Closing place pending final decision - Order.
• Section 6-5-148 Closing place pending final decision - Release of property on bond.
• Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment.
• Section 6-5-150 Grant and effect of permanent injunction.
• Section 6-5-151 Order of abatement; sale of property.
• Section 6-5-152 Fees of officers selling property, etc.
• Section 6-5-153 Effect of establishment of nuisance in criminal proceedings.
• Section 6-5-154 Violations constituting contempt; proceedings thereon.
• Section 6-5-155 Legislative findings and declarations.
• Section 6-5-155.1 Definitions.
• Section 6-5-155.2 Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action.
• Section 6-5-155.3 Contents of complaint; supporting affidavits.
• Section 6-5-155.4 Service of summons and complaint.
• Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief.
• Section 6-5-155.6 Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court.
• Section 6-5-155.7 Civil penalty.
• Section 6-5-155.8 Protection of witnesses.
• Section 6-5-155.9 Previous conviction not required.
• Section 6-5-156 Security bond.
• Section 6-5-156.1 Evidence of general reputation of property.
• Section 6-5-156.2 Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant.
• Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court; appointment of receiver; eviction of tenant.
• Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension or cancellation of order.
• Section 6-5-156.5 Frivolous or bad faith action.
• Section 6-5-160 Legislative findings.
• Section 6-5-160.1 Cause of action for public nuisance.
• Section 6-5-160.2 Security bond for preliminary injunction, etc.
• Section 6-5-160.3 Standards of proof; remedies; enforcement.
• Section 6-5-160.4 Violation, suspension, cancellation of abatement order.
• Section 6-5-170 Definition.
• Section 6-5-180 Import of accusations of false swearing or commission of crime.
• Section 6-5-181 Words falsely imputing woman's chastity actionable.
• Section 6-5-182 Libel or slander - Burden of proof.
• Section 6-5-183 Libel or slander - Mitigation of damages - Evidence of truth or circumstances.
• Section 6-5-184 Libel or slander - Mitigation of damages - Retraction.
• Section 6-5-185 Libel or slander - Mitigation of damages - When only actual damages recoverable.
• Section 6-5-186 Prerequisites to recovery of vindictive or punitive damages in action for libel.
• Section 6-5-187 Truth of charges against public persons may be proved.
• Section 6-5-188 Effect of retraction and tender of money.
• Section 6-5-189 Effect of tender of money.
• Section 6-5-200 When title to land conferred or defeated; when claim may be defended or prosecuted; construction of section.
• Section 6-5-210 Rights above and below surface.
• Section 6-5-211 Slander of title.
• Section 6-5-212 Bare right of possession.
• Section 6-5-213 Bare possession.
• Section 6-5-214 Action for trespass by person having bare title.
• Section 6-5-215 When possession disputed.
• Section 6-5-216 Unlawful interference with right-of-way.
• Section 6-5-217 Damages for continuous trespass.
• Section 6-5-218 Rule of prescription regarding damages arising out of improvements to real property.
• Section 6-5-220 Definitions.
• Section 6-5-221 Limitation on time for commencement of action.
• Section 6-5-222 Statute of limitations - Computation of period.
• Section 6-5-223 Applicability.
• Section 6-5-224 Causes of action barred under existing law.
• Section 6-5-225 Time for commencement of action against architects, engineers, and builders.
• Section 6-5-226 Causes of action not abrogated.
• Section 6-5-227 Causes of action for breach of written express warranty, contract, or indemnity against architects, engineers, and builders.
• Section 6-5-228 Actions relating to sale or disposition of real estate; actions against persons other than architects, engineers or builders.
• Section 6-5-247 Definitions.
• Section 6-5-248 Who may redeem; priorities.
• Section 6-5-249 Rights under this article extended to executors and administrators.
• Section 6-5-250 Characterization of rights of redemption under this article.
• Section 6-5-251 Delivery of possession to purchaser on demand.
• Section 6-5-252 Demand for statement of debt and lawful charges by person entitled to redeem.
• Section 6-5-253 Payment or tender of purchase money and other lawful charges, with interest.
• Section 6-5-254 Payment of value of permanent improvements; how value of improvements ascertained.
• Section 6-5-255 Failure or refusal of purchaser to reconvey title.
• Section 6-5-256 Settlement and adjustment of rights and equities by circuit court when complaint filed.
• Section 6-5-257 Applicability.
• Section 6-5-260 Deprivation of owner of possession.
• Section 6-5-261 Interference with mere possession.
• Section 6-5-262 Trespass - Generally.
• Section 6-5-263 Trespass - Bailments.
• Section 6-5-264 Rights of remainderman or reversioner.
• Section 6-5-270 Legislative findings.
• Section 6-5-271 Liability for theft or attempted theft; liability of parents of unemancipated minor; liability for defrauding an eating establishment; liability of foster home.
• Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance.
• Section 6-5-273 Jurisdiction of courts.
• Section 6-5-274 Attorney's fees.
• Section 6-5-275 Construction of article.
• Section 6-5-280 Breach of contract - Limitation on actions.
• Section 6-5-281 Breach of contract - Successive actions.
• Section 6-5-282 Breach of contract - Ratable compensation for services.
• Section 6-5-283 Joint obligations and promises.
• Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction and contents; execution bond.
• Section 6-5-285 Holder of worthless check, draft, or order.
• Section 6-5-286 Defenses to actions on promissory notes, bonds, or other contracts.
• Section 6-5-287 Impeachment of or inquiry into consideration of sealed instruments.
• Section 6-5-300 Proof act was committed by agent, etc., sufficient to sustain allegation act was committed by party to civil action.
• Section 6-5-330 Breach of contract to marry.
• Section 6-5-331 :Alienation of affections, criminal conversation, and seduction.
• Section 6-5-332 Persons rendering emergency care etc., at scene of accident, etc.
• Section 6-5-332.1 Immunity of persons assisting or advising as to mitigation of effects of discharge of hazardous materials; nonimmunity of certain persons.
• Section 6-5-332.2 Immunity of persons responding to oil spills.
• Section 6-5-332.3 Use of automated external defibrillator.
• Section 6-5-333 Dentists, chiropractors, and physicians serving on utilization and quality control committees, peer review committees, or professional standards review committees; consultants thereto
• Section 6-5-334 Employees of medical services administration, etc., investigating and bringing charges against doctors, etc., relating to fraud or abuse of Medicaid program, etc.
• Section 6-5-335 Volunteer firemen or rescue squad members entering burning buildings, etc., and attempting to preserve and protect said buildings, property therein, etc.
• Section 6-5-336 Volunteers.
• Section 6-5-337 Immunity of those involved in equine activities.
• Section 6-5-338 Immunity from tort liability for conduct in the line of duty; limitation; certain employers of off-duty officers to maintain liability coverage; penalty for failure to maintain.
• Section 6-5-339 Volunteer medical professionals.
• Section 6-5-340 Computer failure or malfunction.
• Section 6-5-341 Liability for operation or use of sport shooting range.
• Section 6-5-342 Skateboarding, roller skating in parks or rinks.
• Section 6-5-343 Liability for farmer allowing nonprofit entity onto property.
• Section 6-5-344 Volunteer athletic coach, manager, or official.
• Section 6-5-350 Action by unmarried woman under 19 years of age.
• Section 6-5-351 Action by father or mother for seduction of daughter.
• Section 6-5-370 Civil action without criminal prosecution.
• Section 6-5-380 Liability of parents for destruction of property by minor; exception.
• Section 6-5-390 Injury to minor child.
• Section 6-5-391 Wrongful death of minor.
• Section 6-5-410 Wrongful act, omission, or negligence causing death.
• Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing death.
• Section 6-5-430 Enforcement of action upon contract or tort arising in another state when jurisdiction of defendant can be obtained in this state; doctrine of forum non conveniens applied.
• Section 6-5-440 Simultaneous actions for same cause against same party prohibited.
• Section 6-5-460 Abatement - Actions by or against unmarried women not abated upon marriage.
• Section 6-5-461 Abatement - Actions by informers.
• Section 6-5-462 Survival - Claims by and against personal representative in proceedings not of an equitable nature.
• Section 6-5-463 Survival - Real property claims to which actions filed.
• Section 6-5-464 Survival - Claims equitable in nature.
• Section 6-5-465 Survival - Substitution of personal representative where no action filed.
• Section 6-5-466 Revival in case of death of one or more defendants jointly sued.
• Section 6-5-480 Short title.
• Section 6-5-481 Definitions.
• Section 6-5-482 Limitation on time for commencement of action.
• Section 6-5-483 Elimination of ad damnum clause in complaints.
• Section 6-5-484 Degree of care owed to patient.
• Section 6-5-485 Settlement of disputes by arbitration.
• Section 6-5-486 Optional method of payment of judgments in excess of $100,000.
• Section 6-5-487 Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
• Section 6-5-488 Rules of evidence and procedures in civil actions preserved.
• Section 6-5-500 Intent of Legislature; legislative findings.
• Section 6-5-501 Definitions.
• Section 6-5-502 Limitation periods for product liability actions.
• Section 6-5-503 Applicability of division; not retroactive.
• Section 6-5-504 Sections, clauses, etc., of division inseparable and nonseverable.
• Section 6-5-520 Intent of Legislature; legislative findings; collateral source rule modified.
• Section 6-5-521 "Product liability action" defined.
• Section 6-5-522 Evidence of medical expense reimbursement mitigates damages; cost of obtaining reimbursement recoverable.
• Section 6-5-523 Reimbursement for medical expenses discoverable.
• Section 6-5-524 Evidence of reimbursement inadmissible if recipient must repay.
• Section 6-5-525 Prior rights not affected.
• Section 6-5-540 Legislative intent.
• Section 6-5-541 Short title; construction.
• Section 6-5-542 Definitions.
• Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000 to be paid by periodic payments over period of years; judgment to specify payment terms; requireme
• Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation.
• Section 6-5-545 Evidence admissible that medical expenses will be reimbursed; information subject to discovery.
• Section 6-5-546 Venue of actions; transfer.
• Section 6-5-547 One million dollar limit on judgments; mistrial if jury advised of limitation.
• Section 6-5-548 Burden of proof; reasonable care as similarly situated health care provider; no evidence admitted of medical liability insurance.
• Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury.
• Section 6-5-549.1 Limits of liability insurance coverage in legal action against health care providers; testimony of health care providers as specialists.
• Section 6-5-550 Cause of action for malicious prosecution of civil action against health care provider.
• Section 6-5-551 Complaint to detail circumstances rendering provider liable; discovery.
• Section 6-5-552 Application.
• Section 6-5-570 Statement of legislative intent.
• Section 6-5-571 Short title.
• Section 6-5-572 Definitions.
• Section 6-5-573 Creation of one form of action against legal service providers.
• Section 6-5-574 Limitation on time for commencement of legal service liability action.
• Section 6-5-575 Settlement of disputes by voluntary arbitration.
• Section 6-5-576 Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
• Section 6-5-577 Rules of evidence and procedures in civil actions preserved.
• Section 6-5-578 Effect of compliance or violation of the rules of professional conduct.
• Section 6-5-579 Severability of underlying action and available defenses.
• Section 6-5-580 Standards of care.
• Section 6-5-581 Applicability and effect on inconsistent provisions of law.
• Section 6-5-600 Definitions.
• Section 6-5-601 Right of action for diversion or unauthorized use of utility services.
• Section 6-5-602 Damages.
• Section 6-5-603 Effect of criminal conviction.
• Section 6-5-604 Determination of estimated lost revenue.
• Section 6-5-605 Application of terms "utilities" and "public utility".
• Section 6-5-620 Statement of legislative intent.
• Section 6-5-621 Definitions.
• Section 6-5-622 Damages.
• Section 6-5-623 Defenses.
• Section 6-5-624 Limitation on time for commencement of action.
• Section 6-5-625 Construction with other criminal laws.
• Section 6-5-640 Scope and effect on other laws or rules.
• Section 6-5-641 Certification of classes.
• Section 6-5-642 Appeal of certification order.
• Section 6-5-660 Short title
• Section 6-5-661 Legislative findings.
• Section 6-5-662 Definitions.
• Section 6-5-663 Liability of volunteer medical professionals.