Utah
Utah Statute of Limitations: Filing Deadlines by Case Type
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 19 primary sources cited on this page. How we verify our legal content

In Utah, personal injury claims must be filed within 4 years under Utah Code 78B-2-307, written contracts within 6 years, and oral contracts within 4 years. Murder and other serious crimes face no filing deadline under Utah Code 76-1-301, while most felonies carry a 4-year limit under Utah Code 76-1-302.
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.
Hurt in Utah? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Utah personal injury settlement calculator. It gives an instant range based on your medical costs and Utah's fault rule (general information, not legal advice).
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-7-402).
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-7-402 (part of 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 9 years after completion or abandonment of the improvement, except that if the defect is discovered in the eighth or ninth year, the claimant has two years from the discovery date to file.
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-7-402 |
| Construction Defects | 2 years (max 9 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, but only if the offense is reported to a law enforcement agency within four years of its commission. If it is not reported within that window, the standard four-year felony deadline applies instead. Incest carries the identical conditional eight-year rule under the same subsection.
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 (CC) 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 76-1-304, 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) | 76-5-401, 76-5-401.2 |
| Forcible Sexual Abuse (reported to police within 4 years) | 8 years (otherwise 4 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 76-1-304).
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.
More Utah Laws
Frequently Asked Questions
What is the statute of limitations for personal injury in Utah?
Utah allows four years to file a personal injury lawsuit under Utah Code 78B-2-307. The clock starts on the date the injury occurred.
Is there a statute of limitations for murder in Utah?
No. Under Utah Code 76-1-301, murder, aggravated murder, manslaughter, and child abuse homicide have no statute of limitations. Prosecutors can file charges at any time.
How long do I have to file a wrongful death lawsuit in Utah?
You have two years from the date of death to file a wrongful death claim under Utah Code 78B-2-304. For claims against government entities, a notice of claim must be filed within one year.
Does the statute of limitations stop running if I am a minor in Utah?
Yes. Under Utah Code 78B-2-224, the statute of limitations is tolled (paused) while a potential plaintiff is under 18 years old. The clock begins when the individual reaches the age of majority.
What is the statute of limitations for breach of contract in Utah?
Written contracts have a six-year statute of limitations under Utah Code 78B-2-309. Oral contracts have a four-year deadline under Utah Code 78B-2-307.
Updates
Corrected the forcible sexual abuse criminal filing deadline: the 8-year window applies only if the offense is reported to police within 4 years of the offense (otherwise the standard 4-year deadline applies), and fixed a citation range typo in the DNA-evidence exception (the correct cross-reference range ends at subsection (CC), not (BB)).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the construction-defect statute of repose from 12 years to the statute's actual 9 years (with a 2-year discovery window in years 8-9); re-anchored the government notice-of-claim deadline from 63G-7-401 (which does not itself state the 1-year period) to 63G-7-402 (which does); re-cited the unlawful-sexual-activity-with-a-minor table row off the 'no statute of limitations' list (76-1-301) to the offenses actually referenced in the article's own prose (76-5-401, 76-5-401.2); and re-anchored the defendant-absent-from-state tolling rule from 76-1-302 to 76-1-304, which is where that tolling provision actually lives.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Utah Code, Title 63G: General Government
§ 63G-7-402Time for filing notice of claim.In forcecited in 3 of our articles
A claim against a governmental entity, or against an employee for an act or omission occurring during the performance of the employee's duties, within the scope of employment, or under color of authority, is barred unless notice of claim is filed with the person and according to the requirements of Section 63G-7-401 within one year after the claim arises regardless of whether or not the function giving rise to the claim is characterized as governmental.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Craig v. Provo City (Utah Supreme Court 2016, 820 Utah Adv. Rep. 12)“…lations, ¶6 As required by the Governmental Immunity Act, Utah Code section 63G-7-402, the plaintiffs submitted a “Notice of…”
- Pinder v. Duchesne (Utah Supreme Court 2020, 478 P.3d 610)“…a notice of claim by 2001 but did not do so until 2016. See UTAH CODE § 63G-7-402 (barring a claim against a governmental…”
- Galindo v. Flagstaff (Utah Supreme Court 2019, 2019 UT 67)“…m period that applies in suits against Utah municipalities. UTAH CODE § 63G-7-402. The City and Byrne moved to dismiss, a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Slip and Fall Laws: Proving Premises Liability as an Invitee, Utah Car Accident Laws: No-Fault, PIP, Tort Threshold, and Your Claim
Utah Code, Title 76: Criminal Offenses
§ 76-1-301Offenses for which prosecution may be commenced at any time.In force
(1) As used in this section: (a) "Aggravating offense" means any offense incident to which a homicide was committed as described in Subsection 76-5-202(2)(a)(iv) or (v) or Subsection 76-5-202(2)(b). (b) "Predicate offense" means an offense described in Subsection 76-5-203(1)(a) if a person other than a party as defined in Section 76-2-202 was killed in the course of the commission, attempted commission, or immediate flight from the commission or attempted commission of the offense.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Lucero v. State (Court of Appeals of Utah 2016, 808 Utah Adv. Rep. 8)“…143, 1143– 44. The revised statute of limitations, found in Utah Code section 76-1-301, allowed the State to commence a prosec…”
- State v. Balfour (Court of Appeals of Utah 2018, 418 P.3d 79)“…itations currently applies to the crime of forcible sodomy. Utah Code Ann. § 76-1-301(2)(l) (LexisNexis 2017). While prior to…”
- State v. Winter (Court of Appeals of Utah 2024, 554 P.3d 355)“…2008, ch. 129, § 1, 2008 Utah Laws 1143, 1143 (codified as Utah Code § 76-1-301(13) (2008)) (“Notwithstanding any other…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-1-302Time limitations for prosecution of offenses -- Specific exceptions -- Provisions if DNA evidence would identify the defendant -- Commencement of prosecution.In force
(1) Except as otherwise provided by Subsection (2) or another provision of the Utah Code, a prosecution for: (a) a felony or negligent homicide shall be commenced within four years after it is committed; (b) a misdemeanor other than negligent homicide shall be commenced within two years after it is committed; and (c) any infraction shall be commenced within one year after it is committed. (2) (a) A prosecution for: (i) an offense listed in Subsections 76-3-203.5(1)(c)(i)(A) through (CC) may be commenced at any time if the identity of the person who committed the crime is unknown but DNA evidence is collected that would identify the person at a later date; (ii) an offense of forcible sexual abuse, as described in Section 76-5-404, shall be commenced within eight years after the offense is committed, if within four years after the offense's commission, the offense is reported to a law enforcement agency; (iii) an offense of incest, as described in Section 76-7-102, shall be commenced within eight years after the offense is committed, if within four years after the offense's commission, the offense is reported to a law enforcement agency; (iv) an offense of unlawfully…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Moore (Court of Appeals of Utah 1990, 147 Utah Adv. Rep. 28)“…e general statute of limitations for felonies contained in Utah Code Ann. § 76-1-302 ; and (2) the evidence was insufficient…”
- State v. Canton (Utah Supreme Court 2013, 2013 UT 44)“…statute of limitations applicable to the enticement charge, Utah Code section 76-1-302. The district court denied the motion,…”
- State v. Lusk (Utah Supreme Court 2001, 436 Utah Adv. Rep. 17)“…catchall statute of limitations applied to the crime. See Utah Code Ann. § 76-1-302 (1)(a) (1978). Section 76-1-302(1)(a),…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-1-303Time limitations for fraud or breach of fiduciary obligation -- Misconduct of public officer or employee.In force
(1) If the period prescribed in Section 76-1-302 has expired, a prosecution may be commenced for any offense a material element of which is either fraud or a breach of fiduciary obligation within one year after a report of the offense has been filed with a law enforcement agency. (2) Subsection (1) may not extend the period of limitation as provided in Section 76-1-302 by more than three years. (3) If the period prescribed in Section 76-1-301.5 or 76-1-302 has expired, a prosecution may be commenced for: (a) any offense based upon misconduct in office by a public officer or public employee: (i) at any time during which the defendant holds a public office or during the period of his public employment; or (ii) within two years after termination of defendant's public office or public employment. (b) Except as provided in Section 76-1-301.5, Subsection (3) shall not extend the period of limitation otherwise applicable by more than three years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. McKinnon (Court of Appeals of Utah 2002, 450 Utah Adv. Rep. 6)“…State sought to prosecute McKinnon by attempting to invoke Utah Code Ann. § 76-1-303 (1999) (Extension Statute), which exte…”
- State v. Smith (Utah Supreme Court 2025, 2025 UT 45)“…ement officials” under the relevant statute of limitations. UTAH CODE § 76-1-303 (1983). ¶3 The district court held a…”
- State v. Lusk (Utah Supreme Court 2001, 436 Utah Adv. Rep. 17)“…year statute of limitations set forth therein applied. See Utah Code Ann. § 76-1-303 (c) (1988) 4 1 21 In 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 76-1-304Defendant out of state -- Plea held invalid -- New prosecutions.In force
(1) The period of limitation does not run against any defendant during any period of time in which the defendant is out of the state following the commission of an offense. (2) If the defendant has entered into a plea agreement with the prosecution and later successfully moves to invalidate the defendant's conviction, the period of limitation is suspended from the time of the entry of the plea pursuant to the plea agreement until the time at which the conviction is determined to be invalid, and that determination becomes final. (3) For purposes of this section, "final" means: (a) all appeals have been exhausted; (b) no judicial review is pending; and (c) no application for judicial review is pending. (4) When the period of limitation is suspended pursuant to Subsection (2), the suspension includes any charges to which the defendant pleaded guilty pursuant to a plea agreement, charges which were dismissed as a result of a plea agreement, as well as any known charges which were not barred at the time of entry of the plea.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Rasabout (Utah Supreme Court 2015, 2015 UT 72)“…8 P.3d 517 (inter- preting the phrase “out of the state” in Utah Code § 76-1-304(1) based on an analysis of the use of t…”
- State v. Canton (Utah Supreme Court 2013, 2013 UT 44)“…eriod while a criminal defendant is ―out of the state.‖ See UTAH CODE § 76-1-304(1). In Canton‘s view, this provision wa…”
- State v. Wright (Utah Supreme Court 1987, 59 Utah Adv. Rep. 32)“…arred defendant’s prosecution. Defendant asks us to ignore Utah Code Ann. § 76-1-304 (1953), which provides: “The period of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Utah Code, Title 78B: Judicial Code
§ 78B-2-224Disabilities -- Time tolled.In force
A statute of limitations may not be applied to a person's ability to bring an action during a period in which the person is: (1) a minor; or (2) mentally incompetent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
§ 78B-2-225Actions related to improvements in real property.In force
(1) As used in this section: (a) "Abandonment" means that there has been no design or construction activity on an improvement for a continuous period of at least one year. (b) "Action" means any claim for judicial, arbitral, or administrative relief for acts, errors, omissions, or breach of duty arising out of or related to the design, construction, or installation of an improvement, regardless of whether that action is based in tort, contract, warranty, strict liability, product liability, indemnity, contribution, or other source of law. (c) "Completion" means the date of substantial completion of an improvement to real property as established by the earliest of: (i) a Certificate of Substantial Completion; (ii) a Certificate of Occupancy issued by a governing agency; or (iii) the date of first use or possession of the improvement. (d) "Improvement" means any building, structure, infrastructure, road, utility, or other similar man-made change, addition, modification, or alteration to real property. (e) "Person" means an individual, corporation, limited liability company, partnership, joint venture, association, proprietorship, or any other legal or governmental entity.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Davencourt at Pilgrims Landing Homeowners Ass'n v. Davencourt at Pilgrims Landing, LC (Utah Supreme Court 2009, 640 Utah Adv. Rep. 16)“…of the implied warranty must be brought in accordance with Utah Code section 78B-2-225. That section imposes periods of limita…”
- Turner v. Staker & Parson Companies (Utah Supreme Court 2012, 708 Utah Adv. Rep. 28)“…o dismiss, holding that Turner's suit was time-barred under Utah Code section 78B-2-225(8)(b)'s two-year statute of limitations…”
- Gables & Villas at River Oaks Homeowners Ass'n v. Castlewood Builders, LLC (Utah Supreme Court 2018, 422 P.3d 826)“…ose had passed for six of the buildings in the project. See UTAH CODE § 78B-2-225(3)(a) (requiring “[a]n action by or aga…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-2-302Within one year.In forcecited in 2 of our articles
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) except as provided in Section 78B-2-307.5, 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) 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; (8) on a claim for relief or a cause of action under Title 63L, Chapter 5, Utah Religious Land Use Act; or (9) for a claim for relief or a cause of action under Subsection 25-6-203(2).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Peak Alarm Co. v. Salt Lake City Corp. (Utah Supreme Court 2013, 728 Utah Adv. Rep. 28)“…e barred by the one-year statute of limitations provided by Utah Code section 78B-2-302(4).3 The district court denied the moti…”
- Lavender v. FCOI Preserve (Court of Appeals of Utah 2025, 2025 UT App 47)“…n that “might, arguably, apply”—a one-year limitation under Utah Code section 78B-2-302(4) and a three-year limitation under Ut…”
- Morgan v. Department of Commerce (Court of Appeals of Utah 2017, 414 P.3d 501)“…inal action, for a forfeiture or penalty to the state.” See Utah Code Ann. § 78B-2-302(3) (LexisNexis Supp. 2017). While this…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Defamation Laws: Libel, Slander & Suing (2026)
§ 78B-2-304Within two years.In forcecited in 4 of our articles
An action may be brought within two years: (1) against a marshal, sheriff, or other officer for liability incurred during the performance of the officer's official duties or by the omission of an official duty, including the nonpayment of money collected upon an execution; (2) against a constable: (a) for the nonpayment of money collected upon an execution; or (b) acting at the direction of a city, as described in Section 10-7-87, or a county as described in Title 17, Chapter 78, Part 6, Constables, for liability incurred during the performance of the constable's duties; (3) for recovery of damages for a death caused by the wrongful act or neglect of another; (4) in causes of action against the state and state employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or (5) in causes of action against a political subdivision of the state and a political subdivision's employees, for injury to the personal rights of another arising after May 1, 2000, if not otherwise provided by state or federal law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2020
Opinions citing this section in our collection:
- Riggs v. Georgia-Pacific LLC (Utah Supreme Court 2015, 345 P.3d 1219)“…our years after the date of the alleged act . . . .”), with UTAH CODE § 78B-2-304(2) (an action “for recovery of damages…”
- Ewing v. State, Department of Transportation (Court of Appeals of Utah 2010, 658 Utah Adv. Rep. 30)“…t the two years provided by the wrongful death statute, see Utah Code Ann. § 78B-2-304 (2008). We decline to consider issues r…”
- Riggs v. Georgia-Pacific (Utah Supreme Court 2015, 2015 UT 17)“…our years after the date of the alleged act . . . .‖), with UTAH CODE § 78B-2-304(2) (an action ―for recovery of damages…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Motorcycle Accident Laws (2026): Deadlines & Helmets, Truck Accident Laws in Utah (2026): Deadlines & Liability
§ 78B-2-305Actions with a statute of limitations of three years -- Exceptions.In force
(1) (a) Except as otherwise provided in this Subsection (1), an action may only be brought within three years: (i) for waste, trespass upon, or injury to real property; (ii) for taking, detaining, or injuring personal property, including actions for specific recovery; (iii) for relief on the ground of fraud or mistake; (iv) for liability created by statutes of this state other than for a penalty or forfeiture under the laws of this state; or (v) to enforce liability imposed by Section 78B-3-603 or for damages under Section 78B-6-1701. (b) An action under Subsection (1)(a)(i) does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass if the waste or trespass is committed by means of underground works upon any mining claim.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 37 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Gillett v. Brown (Court of Appeals of Utah 2017, 831 Utah Adv. Rep. 7)“…ute of limitations to their breach of contract claims. ¶21 Utah Code sections 78B-2-305 and 78B-2-309 set out the statutes of l…”
- HKS Architects v. MSM Enterprises (Court of Appeals of Utah 2021, 496 P.3d 228)“…d well outside the three year statute of limitations.”6 See Utah Code Ann. § 78B-2-305(3) (LexisNexis 2018). Both sides asked…”
- Olsen v. Eagle Mountain City (Utah Supreme Court 2011, 248 P.3d 465)“…ided elsewhere, in the three-year statute of limitations in Utah Code section 78B-2-305(4) (Supp.2010). Olsen filed his request…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-2-306Action against corporate stockholders or directors.In force
Actions against directors or stockholders of a corporation to recover a penalty or forfeiture imposed, or to enforce a liability created shall 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. Actions against stockholders of a bank pursuant to levy of assessment to collect their statutory liability must be brought within three years after the levy of the assessment.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Malan v. RKB Industrial (District Court, D. Utah 2023)“…ate back to Mr. Malan’s original complaint because Mr. 2 Utah Code Ann. § 78B-2-306 provides a three-year statute of limita…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-2-307Within four years.In forcecited in 7 of our articles
An action may be brought within four years: (1) after the last charge is made or the last payment is received: (a) upon a contract, obligation, or liability not founded upon an instrument in writing; (b) on an open store account for any goods, wares, or merchandise; or (c) on an open account for work, labor or services rendered, or materials furnished; (2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Voidable Transactions Act: (a) Subsection 25-6-202(1)(a), except in specific situations where the time for action is limited to one year under Section 25-6-305; (b) Subsection 25-6-202(1)(b); or (c) Subsection 25-6-203(1); (3) for a claim involving personal property damage to the aggrieved party's motor vehicle, as defined in Section 41-6a-102, or personal property from an accident involving a motor vehicle; and (4) for relief not otherwise provided for by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 64 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Asset Acceptance LLC v. Stocks (Court of Appeals of Utah 2016, 811 Utah Adv. Rep. 5)“…s barred by the four-year statute of limitations set out in Utah Code section 78B-2-307. ¶4 After receiving Stocks’s answe…”
- Fehr v. Stockton (Court of Appeals of Utah 2018, 427 P.3d 1190)“…was barred by the four-year statute of limitations found in Utah Code section 78B-2-307. That section states, in relevant part:…”
- Grillone v. Peace Officer Standards (Court of Appeals of Utah 2023, 529 P.3d 1026)“…the four-year catch-all statute of limitations set forth in Utah Code section 78B-2-307(3), which he asserts applied to this ad…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Dog Bite Laws: Liability and Victim Rights, Utah Debt Collection Laws: The 25% Cap, the 15% Student Loan Break, and What Third-Party Payments Do
§ 78B-2-309Within six years -- Mesne profits of real property -- Instrument in writing -- Fire suppression.In forcecited in 2 of our articles
(1) An action may be brought within six years: (a) for the mesne profits of real property; (b) subject to Subsection (2), upon any contract, obligation, or liability founded upon an instrument in writing, except those mentioned in Section 78B-2-311; or (c) to recover fire suppression costs or other damages caused by wildland fire. (2) For a credit agreement, as defined in Section 25-5-4, the six-year period described in Subsection (1) begins the later of the day on which: (a) the debt arose; (b) the debtor makes a written acknowledgment of the debt or a promise to pay the debt; or (c) the debtor or a third party makes a payment on the debt.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 33 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Daniels v. Deutsche Bank National Trust (Court of Appeals of Utah 2021, 500 P.3d 891)“…he Utah Code, which states as follows: 2. The change in Utah Code section 78B-2-309 lends itself to confusion in the contex…”
- Deleeuw v. Nationstar Mortg. LLC (Court of Appeals of Utah 2018, 424 P.3d 1075)“…t the general statute of limitations for written contracts, Utah Code section 78B-2-309, applied to the foreclosure and that th…”
- Insight Assets, Inc. v. Farias (Utah Supreme Court 2013, 740 Utah Adv. Rep. 20)“…er the statute of limitations period has run.24 21 UTAH CODE § 78B-2-309; see id. § 57-1-34 (“The trustee’s sale…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-2-311Eight years.In force
An action may be brought within eight years upon the date of: (1) entry of a judgment or decree of any court of the United States, or of any state or territory within the United States; or (2) renewal of a judgment described in Subsection (1) according to the procedures and requirements of Title 78B, Chapter 6, Part 18, Renewal of Judgment Act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Johnson v. Johnson (Utah Supreme Court 2014, 763 Utah Adv. Rep. 25)“…ded 1/2 of 10 years of [Mr. Johnson]‘s military 6 See UTAH CODE § 78B-2-311. 7 Arnold v. Grigsby, 2009 UT 88,…”
- Gildea v. Wells Fargo Bank, N.A. (Utah Supreme Court 2015, 779 Utah Adv. Rep. 119)“…ined that “[w]hile the statute of limitations [set forth in Utah Code section 78B-2-311] establishes the deadline for commencin…”
- Estate of Higley v. State, Department of Transportation (Court of Appeals of Utah 2010, 663 Utah Adv. Rep. 8)“…ch a time requirement. T9 First, the Estate cites to Utah Code section 78B-2-311, which imposes an eight-year limitation…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 78B-3-404Statute of limitations -- Exceptions -- Application.In forcecited in 2 of our articles
(1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. (2) Notwithstanding Subsection (1): (a) in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs; or (b) in an action where it is alleged that a patient has been prevented from discovering misconduct on the part of a health care provider because that health care provider has affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence, should have discovered…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Jensen v. Intermountain Healthcare, Inc. (Utah Supreme Court 2018, 424 P.3d 885)“…des multiple limitations on when a plaintiff can file suit. Utah Code section 78B-3-404 reads, including the title: St…”
- Bingham v. Gourley (Utah Supreme Court 2024, 556 P.3d 53)“…ct’s (the Malpractice Act) four-year statute of repose. See UTAH CODE § 78B-3-404(1). The statute requires a plaintiff to…”
- Bright v. Sorensen (Utah Supreme Court 2020, 2020 UT 7)“…wo-year limitations period and its four-year repose period, UTAH CODE § 78B-3-404, defendants asserted that the claims we…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Utah Medical Records Retention Laws (2026 Guide)
§ 78B-6-706Statute of limitations.In force
A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at le.utah.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Bylsma v. R.C.WilleyHumanTouch (Utah Supreme Court 2017, 2017 UT 85)“…expressions in their familiar legal sense. . . .”). 20 UTAH CODE § 78B-6-706. 21 Id. § 78B-6-702. 22 Id. §…”
- Utah Local Government Trust v. Wheeler MacHinery Co. (Utah Supreme Court 2008, 619 Utah Adv. Rep. 18)“…gence should have discovered, both the harm and its cause." Utah Code Ann. § 78B-6-706 (Supp.2008). The Product Liability Act…”
- Adams v. American Medical System, Inc. (Court of Appeals for the Tenth Circuit 2017, 705 F. App'x 744)“…iligence should have discovered, her “harm and its cause.” Utah Code § 78B-6-706. We conclude that Adams knew, or should…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Explore the law
This article also draws on these acts and chapters (opening at their first section): Utah Code, Title 78B: Judicial Code § 78B-2-101 (Definitions of "tax title" and "action.")
Related law for further reading — not part of this article’s citations.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Utah Code Title 78B, Chapter 2: Statutes of Limitations(le.utah.gov).gov
- Utah Code 78B-2-307: Within Four Years(le.utah.gov).gov
- Utah Code 78B-2-309: Within Six Years(le.utah.gov).gov
- Utah Code 78B-2-305: Within Three Years(le.utah.gov).gov
- Utah Code 78B-2-302: Within One Year(le.utah.gov).gov
- Utah Code 78B-2-304: Within Two Years (Wrongful Death, Officer Liability)(le.utah.gov).gov
- Utah Code 78B-2-311: Within Eight Years (Judgments)(le.utah.gov).gov
- Utah Code 78B-3-404: Medical Malpractice Statute of Limitations(le.utah.gov).gov
- Utah Code 78B-6-706: Product Liability Statute of Limitations(le.utah.gov).gov
- Utah Code 78B-2-225: Actions Related to Improvements in Real Property(le.utah.gov).gov
- Utah Code 78B-2-224: Disabilities -- Time Tolled(le.utah.gov).gov
- Utah Code 63G-7-402: Time for Filing Notice of Claim (Governmental Immunity)(le.utah.gov).gov
- Utah Code 76-1-301: Offenses With No Statute of Limitations(le.utah.gov).gov
- Utah Code 76-1-302: Time Limitations for Prosecution of Offenses(le.utah.gov).gov
- Utah Code 76-1-303: Fraud, Breach of Fiduciary Obligation, Misconduct(le.utah.gov).gov
- Utah Courts: Statutes of Limitation Overview(utcourts.gov).gov
- Utah Code 78B-2-306: Corporate Stockholder/Director Liability(le.utah.gov).gov
- HB503: Medical Malpractice Modifications (2025 Session)(le.utah.gov).gov
- Utah Code 76-1-304: Defendant Out of State -- Tolling of Limitation Period(le.utah.gov).gov