Chapter 2. ACTIONS GENERALLY
31 sections · 9-2-1 to 9-2-63
Article 1. GENERAL PROVISIONS
- 9-2-1Definitions.
- 9-2-2Actions in personam; actions in rem.
- 9-2-3Remedy for every right.
- 9-2-4Pursuit of consistent or inconsistent remedies.
- 9-2-5Prosecution of two simultaneous actions for same cause against same party prohibited; election; pendency of former action as defense; exception.
- 9-2-6Demand prior to action not necessary.
- 9-2-7Implied promise to pay for services or property.
- 9-2-8Private rights of action not created unless expressly stated.
Article 2. PARTIES
- 9-2-20Parties to actions on contracts; action by beneficiary.
- 9-2-21Parties to actions for torts; notice to Department of Community Health for a party who has received medical assistance benefits.
- 9-2-22Joinder of defendants in action for deficiencies in construction.
- 9-2-23Separate action by tenant in common.
- 9-2-24Action by unincorporated association.
- 9-2-25Action against unincorporated association; service of process; venue; what property bound by judgment.
- 9-2-26Prosecution of action against less than all joint contractors or copartners.
- 9-2-27Action against representative of joint obligor.
- 9-2-28Effect of action by minor alone.
- 9-2-29Plaintiff in penal action.
- 9-2-30Substitution of plaintiff’s spouse or others in action on chose in action assigned as year’s support.
Article 3. ABATEMENT
- 9-2-40No abatement on death of party where cause survives.
- 9-2-41Nonabatement of tort actions; survival of cause; no punitive damages against representative.
- 9-2-42Death of one or more codefendants; suggestion of record.
- 9-2-43No abatement where some defendants not liable.
- 9-2-44Effect of former recovery; pendency of former action.
- 9-2-45No abatement for pendency of action in another state.
- 9-2-46Institution of action on same cause in other state; setting case in this state; postponement limited.
- 9-2-47Precedence of first filed informer’s action; abatement of others.