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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
[CHAPTER 12. Table of Contents]
78-12-22 Statute of Limitations - Eight years.
An action may be brought within eight years upon a judgment
or decree of any court of the United States, or of any state
or territory within the United States.
2000
78-12-23 Within six years - Mesne profits of real property - Instrument in writing.
An action may be brought within six years:
(1) for the mesne profits of real property;
(2) upon any contract, obligation, or liability founded upon an instrument in writing, except those mentioned in Section 78-12-22 .
1996
78-12-24 Actions against public officers - Within six years.
An action by the state or any agency or public corporation
thereof against any public officer for malfeasance, misfeasance,
or nonfeasance in office or against any surety upon his official
bond may be brought within six years after such officer ceases
to hold his office, but not thereafter.
1953
78-12-25 Within four years.
An action may be brought within four years:
(1) upon a contract, obligation, or liability not founded upon an instrument in writing; also on an open account for goods, wares, and merchandise, and for any article charged on a store account; also on an open account for work, labor or services rendered, or materials furnished; provided, that action in all of the foregoing cases may be commenced at any time within four years after the last charge is made or the last payment is received;
(2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Fraudulent Transfer Act:
(a) Subsection 25-6-5 (1)(a), which in specific situations limits the time for action to one year, under Section 25-6-10 ;
(b) Subsection 25-6-5 (1)(b); or
(c) Subsection 25-6-6 (1);
(3) for relief not otherwise provided for by law.
1996
78-12-25.1 Civil actions for sexual abuse of a child.
(1) As used in this section:
(a) "Child" means a person under 18 years of age.
(b) "Discovery" means when a person knows or reasonably should know that the injury or illness was caused by the intentional or negligent sexual abuse.
(c) "Injury or illness" means either a physical injury or illness or a psychological injury or illness. A psychological injury or illness need not be accompanied by physical injury or illness.
(d) "Molestation" means touching the anus, buttocks, or genitalia of any child, the breast of a female child younger than 14 years of age, or otherwise taking indecent liberties with a child, or causing a child to take indecent liberties with the perpetrator or another, with the intent to arouse or gratify the sexual desire of any person.
(e) "Negligently" means a failure to act to prevent the child sexual abuse from further occurring or to report the child sexual abuse to law enforcement when the adult who could act knows or reasonably should know of the child sexual abuse and is the victim's parent, stepparent, adoptive parent, foster parent, legal guardian, ancestor, descendant, brother, sister, uncle, aunt, first cousin, nephew, niece, grandparent, stepgrandparent, or any person cohabiting in the child's home.
(f) "Person" means an individual who was intentionally or negligently sexually abused. It does not include individuals whose claims are derived through another individual who was sexually abused.
(g) "Sexual abuse" means acts or attempted acts of sexual intercourse, sodomy, or molestation directed towards a child.
(2) A person shall file a civil action for intentional or negligent sexual abuse suffered as a child:
(a) within four years after the person attains the age of 18 years; or
(b) if a person discovers sexual abuse only after attaining the age of 18 years, that person may bring a civil action for such sexual abuse within four years after discovery of the sexual abuse, whichever period expires later.
(3) The victim need not establish which act in a series of continuing sexual abuse incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan of sexual abuse.
(4) The knowledge of a custodial parent or guardian shall not be imputed to a person under the age of 18 years.
(5) A civil action may be brought only against a living
person who intentionally perpetrated the sexual abuse or
negligently permitted the sexual abuse to occur.
1992
78-12-26 Within three years.
An action may be brought within three years:
(1) for waste, or trespass upon or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting such waste or trespass;
(2) for taking, detaining, or injuring personal property, including actions for specific recovery thereof; except that in all cases where the subject of the action is a domestic animal usually included in the term "livestock," which at the time of its loss has a recorded mark or brand, if the animal strayed or was stolen from the true owner without the owner's fault, the cause does not accrue until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession of the animal by the defendant;
(3) for relief on the ground of fraud or mistake; except that the cause of action in such case does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake;
(4) for a liability created by the statutes of this state, other than for a penalty or forfeiture under the laws of this state, except where in special cases a different limitation is prescribed by the statutes of this state;
(5) to enforce liability imposed by Section
78-17-3
, except that the cause of action does not accrue
until the aggrieved party knows or reasonably should know
of the harm suffered.
1996
78-12-27 Action against corporate stockholders or directors.
Actions against directors or stockholders of a corporation
to recover a penalty or forfeiture imposed, or to enforce
a liability created, by law must be brought within three
years after the discovery, by the aggrieved party, of the
facts upon which the penalty or forfeiture attached, or the
liability accrued, and in case of actions against stockholders
of a bank pursuant to levy of assessment to collect their
statutory liability, such actions must be brought within
three years after the levy of the assessment.
1953
78-12-28 Within two years.
An action may be brought within two years:
(1) against a marshal, sheriff, constable, or other officer for liability incurred by the doing of an act in his official capacity, and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution;
(2) for recovery of damages for a death caused by the wrongful act or neglect of another;
(3) in causes of action against the state and its employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or
(4) in causes of action against a political subdivision
of the state and its employees, for injury to the personal
rights of another arising after May 1, 2000, if not otherwise
provided by state or federal law.
2000
78-12-29 Within one year.
An action may be brought within one year:
(1) for liability created by the statutes of a foreign state;
(2) upon a statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation;
(3) upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty to the state;
(4) for libel, slander, false imprisonment, or seduction;
(5) against a sheriff or other officer for the escape of a prisoner arrested or imprisoned upon either civil or criminal process;
(6) against a municipal corporation for damages or injuries to property caused by a mob or riot;
(7) on a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Fraudulent Transfer Act:
(a) Subsection 25-6-5 (1)(a), which in specific situations limits the time for action to four years, under Section 25-6-10 ; or
(b) Subsection 25-6-6 (2);
(8) except as otherwise expressly provided by statute, against a county legislative body or a county executive to challenge a decision of the county legislative body or county executive, respectively; or
(9) on a claim for relief or a cause of action under Title
63, Chapter 90b, Utah Religious Land Use Act.
2006
78-12-30 Actions on claims against county, city or town.
Actions on claims against a county, city or incorporated
town, which have been rejected by the county executive, city
commissioners, city council, or board of trustees, as the
case may be, must be commenced within one year after the
first rejection thereof by such board of county or city commissioners,
city council, or board of trustees.
1993
78-12-31 Within six months.
An action may be brought within six months against an officer, or an officer de facto:
(1) to recover any goods, wares, merchandise or other property seized by any such officer in his official capacity as tax collector, or to recover the price or value of any goods, wares, merchandise or other personal property so seized, or for damages for the seizure, detention, sale of, or injury to, any goods, wares, merchandise or other personal property seized, or for damages done to any person or property in making any such seizure;
(2) for money paid to any such officer under protest,
or seized by such officer in his official capacity, as a
collector of taxes, and which, it is claimed, ought to be
refunded.
1996
78-12-32 Action on mutual account - When deemed accrued.
In an action brought to recover a balance due upon a mutual,
open and current account, where there have been reciprocal
demands between the parties, the cause of action shall be
deemed to have accrued from the time of the last item proved
in the account on either side.
1953
78-12-33 Actions by state or other governmental entity.
The limitations in this article apply to actions brought
in the name of or for the benefit of the state or other governmental
entity, the same as to actions by private parties, except
under Section
78-12-33.5
.
1988
78-12-33.5 Statute of limitations - Asbestos damages - Action by state or governmental entity.
(1) (a) No statute of limitations or repose may bar an action by the state or other governmental entity to recover damages from any manufacturer of any construction materials containing asbestos, when the action arises out of the manufacturer's providing the materials, directly or through other persons, to the state or other governmental entity or to a contractor on behalf of the state or other governmental entity.
(b) Subsection (1)(a) provides for actions not yet barred, and also acts retroactively to permit actions under this section that are otherwise barred.
(2) As used in this section, "asbestos" means asbestiform varieties of:
(a) chrysotile (serpentine);
(b) crocidolite (riebeckite);
(c) amosite (cummingtonite-grunerite);
(d) anthophyllite;
(e) tremolite; or
(f) actinolite.
2005
