Idaho Code
Idaho Code § 5-239 (2026)
Actions barred in another state.
✓ current as of May 2026
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Actions barred in another state.
When a cause of action has arisen in another state or territory, or in a foreign country, and by the laws thereof an action thereon can not there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of one who has been a citizen of this state and who has held the cause of action from the time it accrued.
Notes of Decisions
Cited in 7
cases, 1953–2018 · leading case: Miller v. Stauffer Chem. Co., 581 P.2d 345 (Idaho 1978).
Miller v. Stauffer Chem. Co., 581 P.2d 345 (Idaho 1978). “Idaho Code § 5-239 represents a weighing by the legislature of the potential interests of these jurisdictions and a judgment that, in order to promote uniformity of result and discourage forum shopping, an action in an Idaho court should be governed by the statute of limitations…”
Gennifer Flowers v. James Carville Hillary Rodham Clinton Little, Brown & Co. George Stephanopoulos, 310 F.3d 1118 (9th Cir. 2002). “” Statutes in California, Idaho and Utah, in'contrast, exempt suits in favor of “one who has been a citizen of this state and who has held the cause of action from the time it accrued.”
Strong v. Unumprovident Corp., 393 F. Supp. 2d 1012 (D. Idaho 2005). “Idaho’s borrowing statute, Idaho Code § 5-239 , provides that when a cause of action has arisen in another state and is barred by that state’s statute of limitation, that state's statute of limitations shall control, "except in favor of one who has been a citizen of this state…”
Attorney Gen. Ex Rel. Her Majesty the Queen in Right of Canada v. Tysowski, 800 P.2d 133 (Idaho Ct. App. 1990). “We observe that Idaho’s borrowing statute, I.C. § 5-239, provides that where a cause of action is barred in the foreign state or country in which it arose because of lapse of time, the action will be barred in Idaho.”
Merchants & Planters Nat'l Bank of Sherman v. Appleyard, 77 S.E.2d 783 (N.C. 1953). “58 (Idaho now has a provision in its statute which prevents recovery on a claim in that State, if barred in the jurisdiction where the cause of action arose, Idaho Code 5-239; Ross v. Rees, 55 Iowa 296 , 7 N.”
Bradley v. Pnk (Lake Charles), L.L.C. (Nev. 2018). “Code § 361 ; Idaho Code Ann. § 5-239 ; Utah Code Ann. § 78B-2-103; see also John W.”
Bankers Life & Cas. Co. v. Gilmore (In re Gilmore), 141 B.R. 734 (Bankr. D. Idaho 1992). “Action on judgment or for mesne profits of real property.”
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