S.B. 113 Enrolled

1

LIMITATION OF ACTIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory S. Bell
5 House Sponsor: Scott L Wyatt
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Judicial Code regarding limitations on commencing an action.
10 Highlighted Provisions:
11 This bill:
12 . amends the current provision that allows a plaintiff whose action failed for specified
13 causes to commence a new action by providing that the new action may only be
14 brought one time; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78-12-40, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78-12-40 is amended to read:
26 78-12-40. Failure of action -- Right to commence new action.
27 (1) If any action is [commenced within due time] timely filed and [a] the judgment
28 [thereon] for the plaintiff is reversed, or if the plaintiff fails in [such] the action or upon a cause
29 of action otherwise than upon the merits, and the time limited either by law or contract for

30 commencing the [same shall have] action has expired, the plaintiff, or if he dies and the cause
31 of action survives, his representatives, may commence a new action within one year after the
32 reversal or failure.
33 (2) On and after December 31, 2007, a new action may be commenced under this
34 section only once.