78B-2-111. Failure of action -- Right to commence new action.
(1) If any action is timely filed and the judgment for the plaintiff is reversed, or if the
plaintiff fails in the action or upon a cause of action otherwise than upon the merits, and the time
limited either by law or contract for commencing the action has expired, the plaintiff, or if he
dies and the cause of action survives, his representatives, may commence a new action within
one year after the reversal or failure.
(2) On and after December 31, 2007, a new action may be commenced under this section
only once.
Renumbered and Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009