Utah Statute of Limitations: Filing Deadlines by Case Type

Understanding Utah's statute of limitations is essential for anyone considering legal action in the state. These deadlines determine how long you have to file a lawsuit or how long prosecutors have to bring criminal charges. Missing a filing deadline can permanently bar your claim, regardless of the strength of your case.

This guide covers every major category of civil and criminal statute of limitations in Utah, with citations to the specific Utah Code sections that apply.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time parties have to begin legal proceedings from the date of an alleged offense or injury. In civil cases, missing the deadline means the defendant can ask the court to dismiss your case. In criminal cases, prosecutors lose the ability to charge the defendant once the limitation period expires.

Utah's statutes of limitations are found primarily in two areas of the Utah Code:

• Civil limitations: Utah Code Title 78B, Chapter 2
• Criminal limitations: Utah Code Title 76, Chapter 1, Part 3

The Utah Courts website notes that most statutes of limitation range from one to eight years, depending on the type of case.

Utah Civil Statute of Limitations

Utah's civil statutes of limitations set deadlines for filing lawsuits in state court. The filing period depends on the type of claim. If you miss the deadline, the defendant can file a motion to dismiss your case, and the court will almost certainly grant it.

The clock typically starts on the date the injury occurred. However, Utah follows a "discovery rule" for certain claims, meaning the clock does not start until the injured party knew or reasonably should have known about the harm. Tolling provisions under Utah Code 78B-2-224 may also pause the clock for individuals who are under 18 years old or who have a mental disability.

Personal Injury: 4 Years

Under Utah Code 78B-2-307, you have four years to file a personal injury lawsuit. This applies to most bodily injury claims, including car accidents, slip-and-fall injuries, and assault. The four-year period begins on the date the injury occurred.

For motor vehicle accident claims involving damage to personal property, the same four-year deadline applies.

Wrongful Death: 2 Years

Utah Code 78B-2-304 gives surviving family members two years from the date of death to file a wrongful death lawsuit. This deadline is shorter than the general personal injury period, so families should act promptly.

For wrongful death claims against a government entity (city, county, or state), you must file a notice of claim within one year under the Governmental Immunity Act (Utah Code 63G-7-401).

Medical Malpractice: 2 Years (Maximum 4 Years)

Utah Code 78B-3-404 requires medical malpractice actions to be filed within two years from the date the patient discovered (or reasonably should have discovered) the injury. However, no action may be filed more than four years after the date of the alleged malpractice, regardless of when discovery occurred.

There is one exception: if a foreign object was left inside a patient's body, the claim must be filed within one year of discovering the object.

Utah also requires a 90-day prelitigation notice before filing a medical malpractice lawsuit. This notice period is separate from the statute of limitations.

In 2025, the Utah Legislature passed HB503, which made changes to medical malpractice law including asset protections for insured providers and modified damage calculations. However, HB503 did not change the statute of limitations timeline.

Product Liability: 2 Years

Under Utah Code 78B-6-706 (the Utah Product Liability Act), a claim must be filed within two years from the date the claimant discovered or should have discovered both the harm and its cause.

Written Contracts: 6 Years

Utah Code 78B-2-309 provides a six-year statute of limitations for actions on any contract, obligation, or liability founded upon a written instrument. For credit agreements, the six-year period begins on the latest of: the date the debt arose, the date the debtor made a written acknowledgment, or the date of the last payment.

Oral Contracts: 4 Years

Utah Code 78B-2-307 sets a four-year deadline for actions on contracts not in writing. This includes oral agreements, open store accounts, and accounts for work, labor, or services rendered.

Fraud: 3 Years

Under Utah Code 78B-2-305, fraud claims must be filed within three years. The discovery rule applies, meaning the clock starts when the aggrieved party discovers or should have discovered the facts that make up the fraud.

Property Damage and Trespass: 3 Years

Actions for damage to personal property due to trespass must also be filed within three years under Utah Code 78B-2-305. For continuing or permanent trespass, the three-year period begins from the discovery of the last trespass incident.

Libel and Slander: 1 Year

Utah Code 78B-2-302 gives plaintiffs just one year to file a defamation lawsuit for libel (written defamation) or slander (spoken defamation). This is the shortest civil statute of limitations in Utah for common claim types.

Debt Collection and Open Accounts: 4 Years

Credit card debt, open store accounts, and other debts not based on a written instrument must be collected within four years under Utah Code 78B-2-307.

Judgments: 8 Years

Under Utah Code 78B-2-311, an action to enforce a judgment must be brought within eight years from the date of entry. Judgments may also be renewed under the Renewal of Judgment Act (Title 78B, Chapter 6, Part 18). This section was amended by Chapter 493 of the 2025 General Session.

Claims Against Government Entities: 1 Year Notice Required

Under Utah Code 63G-7-401 (the Governmental Immunity Act), you must file a notice of claim within one year before you can sue a city, county, or state government entity. This notice requirement applies regardless of the underlying claim type.

Construction Defects and Real Property Improvements

Utah Code 78B-2-225 governs actions related to improvements on real property. Claims for construction defects must generally be filed within two years of discovering the defect. However, no action may be brought more than 12 years after the completion of the improvement.

Complete Civil Statute of Limitations Table

Claim Type	Time Limit	Utah Code Section
Personal Injury	4 years	78B-2-307
Wrongful Death	2 years	78B-2-304
Medical Malpractice	2 years (max 4 years)	78B-3-404
Product Liability	2 years	78B-6-706
Written Contract	6 years	78B-2-309
Oral Contract	4 years	78B-2-307
Fraud	3 years	78B-2-305
Property Damage / Trespass	3 years	78B-2-305
Libel / Slander	1 year	78B-2-302
Debt Collection (Open Account)	4 years	78B-2-307
Judgments	8 years	78B-2-311
Claims Against Government	1 year (notice required)	63G-7-401
Construction Defects	2 years (max 12 years)	78B-2-225
Corporate Stockholder/Director Liability	3 years	78B-2-306
Officer Liability (Official Duties)	2 years	78B-2-304

Utah Criminal Statute of Limitations

Utah's criminal statute of limitations determines how long prosecutors have to file charges for criminal offenses. These rules are found in Utah Code 76-1-301 through 76-1-306.

For the most serious crimes, there is no time limit at all. For less severe offenses, prosecutors generally have between one and four years.

Crimes With No Statute of Limitations

Under Utah Code 76-1-301, the following offenses may be prosecuted at any time, with no filing deadline:

• Capital felony
• Aggravated murder
• Murder
• Manslaughter
• Child abuse homicide
• Aggravated kidnapping
• Child kidnapping
• Rape (76-5-402)
• Rape of a child (76-5-402.1)
• Object rape (76-5-402.2)
• Object rape of a child (76-5-402.3)
• Forcible sodomy (76-5-403)
• Sodomy on a child (76-5-403.1)
• Sexual abuse of a child (76-5-404.1)
• Aggravated sexual abuse of a child (76-5-404.3)
• Aggravated sexual assault (76-5-405)
• Any predicate offense to murder or aggravating offense to aggravated murder
• Aggravated human trafficking (76-5-310)
• Aggravated human smuggling (76-5-310.1)
• Human trafficking of a child (76-5-308.5)
• Aggravated exploitation of prostitution involving a child (76-5d-208)

Felonies: 4 Years (General Rule)

Under Utah Code 76-1-302, most felony prosecutions must begin within four years after the offense was committed. This is the default rule for any felony not specifically listed with a longer or unlimited period.

Felony Sexual Offenses With Specific Deadlines

Forcible sexual abuse carries an eight-year statute of limitations under Utah Code 76-1-302.

Unlawful sexual activity with a minor (Utah Code 76-5-401 or 76-5-401.2) has a 10-year statute of limitations that begins when the victim turns 18 years old.

DNA Evidence Exception

If DNA evidence is collected that could identify the perpetrator, violent felonies listed under Utah Code 76-3-203.5(1)(c)(i)(A) through (BB) have no statute of limitations when the perpetrator's identity is unknown at the time of the offense.

Misdemeanors: 2 Years

All misdemeanors (except negligent homicide) must be prosecuted within two years of the date the crime was committed (Utah Code 76-1-302).

Infractions: 1 Year

Infractions must be prosecuted within one year of the date the offense was committed.

Public Corruption and Financial Crimes

Under Utah Code 76-1-301.5, prosecutions for misuse of public money, falsification or alteration of government records, and bribery must begin within two years after the facts constituting the offense are reported to a prosecutor.

Under Utah Code 76-1-303, fraud or breach of fiduciary obligation charges may be brought within one year after the offense is reported to law enforcement, but this cannot extend the overall limitation period by more than three years.

Misconduct charges against public officers or employees may be brought at any time while the defendant holds office or is employed by the government (Utah Code 76-1-303).

Tolling: When the Clock Stops

Under Utah Code 76-1-302, the criminal statute of limitations does not run during any period when the defendant is absent from the state after committing an offense. The clock pauses until the defendant returns to Utah.

Complete Criminal Statute of Limitations Table

Offense Type	Time Limit	Utah Code Section
Murder / Aggravated Murder	No limit	76-1-301
Manslaughter / Child Abuse Homicide	No limit	76-1-301
Rape / Sexual Abuse of a Child	No limit	76-1-301
Aggravated Kidnapping / Child Kidnapping	No limit	76-1-301
Aggravated Human Trafficking	No limit	76-1-301
Violent Felony (DNA collected, identity unknown)	No limit	76-1-302
Unlawful Sexual Activity With a Minor	10 years (from victim turning 18)	76-1-301
Forcible Sexual Abuse	8 years	76-1-302
Most Felonies (general rule)	4 years	76-1-302
Public Money Misuse / Bribery	2 years after report to prosecutor	76-1-301.5
Fraud / Breach of Fiduciary Duty	1 year after report (max 3-year extension)	76-1-303
Misdemeanors	2 years	76-1-302
Infractions	1 year	76-1-302

How Tolling Works in Utah

Tolling pauses the statute of limitations clock under certain circumstances. In Utah, the most common tolling situations include:

Minority (Under 18): Under Utah Code 78B-2-224, the statute of limitations does not run while a potential plaintiff is under 18 years old. The clock begins when the individual turns 18.

Mental Disability: The limitation period is also tolled while an individual has a mental disability that prevents them from pursuing a legal claim. The clock starts once the disability is removed.

Defendant Absent From State: For criminal cases, the statute of limitations pauses while the defendant is absent from Utah after committing the offense (Utah Code 76-1-302).

Discovery Rule: For certain civil claims (fraud, medical malpractice, product liability), the clock does not start until the plaintiff discovers or reasonably should have discovered the injury and its cause.

Recent Changes to Utah Statute of Limitations Law

Utah's Legislature regularly reviews and updates limitation periods. Key recent developments include:

2025 General Session: Utah Code 78B-2-311 (judgments) was amended by Chapter 493 of the 2025 session, updating provisions related to judgment enforcement and renewal.

2025 HB503 (Medical Malpractice): While HB503 made significant changes to medical malpractice law (including asset protections for insured providers and modified damage calculations), it did not alter the existing two-year/four-year statute of limitations for medical malpractice claims.

Criminal Code Updates: Chapter 302 and Chapter 174 of the 2025 General Session amended criminal limitations of actions, including clarifications regarding the 10-year period for unlawful sexual activity with a minor.

What Happens if You Miss the Deadline?

If you fail to file a civil claim before the statute of limitations expires, the opposing party can raise the statute of limitations as an affirmative defense and move to dismiss your case. Once dismissed on these grounds, you lose your right to pursue that claim permanently.

In criminal cases, if the statute of limitations has run, the defendant cannot be prosecuted for that offense. The charges must be dismissed.

There are very few exceptions to these rules, which is why it is critical to understand the applicable deadlines and act well before them.

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