Public-domain · open source
OpenJurist

Utah Code § 78B-2-111

Failure of action -- Right to commence new action

Applied in 9 court decisions — leading case State ex rel. Goldsworthy v. Kanatzar (2018)

Most recently applied in 2023 UT App 21 - Accesslex Institute v. Philpot (March 2023)

Renumbered and Amended by Chapter 3, 2008 General Session

How often courts cite this section

20102020202330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.