Limitations apply to noncompulsory counterclaims and setoffs.

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Except for causes of action arising out of the transaction or occurrence which is the subject matter of the opposing party's claim, the limitation provisions of this article shall apply to the case of any debt, contract, obligation, injury, or liability alleged by a defending party as a counterclaim or setoff. A counterclaim or setoff arising out of the transaction or occurrence which is the subject matter of the opposing party's claim shall be commenced within one year after service of the complaint by the opposing party and not thereafter.

Source: L. 86: Entire article R&RE, p. 700, § 1, effective July 1.

Editor's note: This section is similar to former § 13-80-112 as it existed prior to 1986. 13-80-110. Causes barred in state of origin. If a cause of action arises in another state or territory or in a foreign country and, by the laws thereof, an action thereon cannot be maintained in that state, territory, or foreign country by reason of lapse of time, the cause of action shall not be maintained in this state.

Source: L. 86: Entire article R&RE, p. 700, § 1, effective July 1.


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