2019 Utah Code
Title 63G - General Government
Chapter 7 - Governmental Immunity Act of Utah
Part 4 - Notice of Claim Against a Governmental Entity or a Government Employee
Section 403 - Notifying of the receipt of a notice of claim -- Action in district court -- Time for commencing action -- Commencing action after time limit.

Universal Citation: UT Code § 63G-7-403 (2019)

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Effective 5/14/2019
63G-7-403. Notifying of the receipt of a notice of claim -- Action in district court -- Time for commencing action -- Commencing action after time limit.

(1) Within 60 days after the filing of a notice of claim, the governmental entity or its insurance carrier shall inform the claimant in writing:
- (a) that the notice of claim has been received; and
- (b) if applicable, that the governmental entity believes it is not the correct governmental entity with which the notice of claim should have been filed.

(2)
- (a)
  - (i) Subject to Subsections (2)(a)(ii) and (b), a claimant may pursue an action in the district court against the governmental entity or an employee of the entity.
  - (ii) A claimant may not file an action before the date that is 60 days after the claimant's notice of claim is filed.
- (b) Subject to Subsection (3), a claimant shall commence the action within two years after the claim arises, as provided in Subsection 63G-7-401(1), regardless of whether or not the function giving rise to the claim is characterized as governmental.

(3)
- (a) As used in this Subsection (3), "claimant" includes a representative of an individual:
  - (i) who dies before an action is begun under this section; and
  - (ii) whose cause of action survives the individual's death.
- (b) A claimant may commence an action after the time limit described in Subsection (2)(b) if:
  - (i) the claimant had commenced a previous action within the time limit of Subsection (2)(b);
  - (ii) the previous action failed or was dismissed for a reason other than on the merits; and
  - (iii) the claimant commences the new action within one year after the previous action failed or was dismissed.
- (c) A claimant may commence a new action under Subsection (3)(b) only once.

Amended by Chapter 229, 2019 General Session

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