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.

311 words·~1 min read·/ut/title-63g/chapter-7/63g-7-403

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)Within 60 days after the filing of a notice of claim, the governmental entity, the entity's representative, or the entity's 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.

(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(2) , regardless of whether or not the function giving rise to the claim is characterized as governmental.

(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 326 , 2025 General Session