2006 Utah Code - 78-12-47 — Separate trial of statute of limitations issue in malpractice actions.

     78-12-47.   Separate trial of statute of limitations issue in malpractice actions.
     In any action against a physician and surgeon, dentist, osteopathic physician, chiropractor, physical therapist, registered nurse, clinical laboratory bioanalyst, clinical laboratory technologist, or a licensed hospital, person, firm or corporation as the employer of any such person for professional negligence or for rendering professional services without consent, if the responsive pleading of the defendant pleads that the action is barred by the statute of limitations, and if either party so moves the court, the issue raised thereby may be tried separately and before any other issues in the case are tried. If the issue raised by the defense of the statute of limitations is finally determined in favor of the plaintiff, the remaining issues shall then be tried.
     This act shall not be construed to be retroactive.

Enacted by Chapter 212, 1971 General Session

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