Utah Statutes of Limitations

Utah state law has time limits for filing legal causes of action. These statutes of limitations protect the legal rights of the parties. They also keep the court system moving by ensuring evidence stays fresh and witness memories current.

Utah has statutes for civil cases and criminal charges. The difference in the limitations periods is which parties the statutes limit. Statutes of limitation have their own periods on when they start or "run" and when they pause.

If you need help understanding the statutes of limitations on a case, contact a litigation attorney. Contact a criminal defense attorney if you need help with a criminal case.

Explaining Statutes of Limitation

Statutes of limitation are the period in which the plaintiff or prosecutor must file a case. Missing the deadline bars the plaintiff from bringing the case. The start date begins when the cause of action (event) happens.

• In a civil case, the statute begins on the date of injury or when the plaintiff could reasonably have discovered the harm
• In a criminal case, the statute runs from the date of the offense. If the crime is difficult to discover or requires a reporting victim, the statute runs from the date of discovery

Civil statutes of limitation set the time a plaintiff has to file a lawsuit in a civil case. They range from two years for a wrongful death claim to up to eight years to collect court judgments.

Civil statutes exist for several reasons:

• They ensure plaintiffs file cases in a timely manner
• They prevent evidence from going stale or getting lost over time
• They keep courts from becoming crowded with old cases

For instance, plaintiffs must file personal injury claims within four years of the incident (Utah Code § 78B-2-307). The four-year limit begins when the injury happens. By having a limit, plaintiffs must take care of any injuries when they happen. Defendants do not have to prepare for litigation that may never happen.

Criminal statutes of limitation require prosecutors and law enforcement to file criminal charges as soon as they have reasonable grounds. The Sixth Amendment to the Constitution guarantees defendants the right to a speedy trial and to confront the witnesses against them. Long delays in filing charges risk losing evidence or witnesses.

Some crimes do not have statutes of limitation. These include:

• Murder, manslaughter, and non-negligent homicide
• Rape, forcible sodomy
• Kidnapping or human trafficking
• Crimes involving children, such as child abuse, homicide, or sexual abuse of a child

All other felonies have statutes of four years, except forcible sexual abuse and incest, which have eight-year statutes unless reported to law enforcement (§ 76-1-302).

Misdemeanors have statutes of two years after commission.

Infractions have one-year statutes of limitation

DNA Evidence in Utah

Utah law has changed to accommodate improvements in DNA technology. Sometimes, the statute of limitations runs out before law enforcement finds the perpetrator. In times past, police would dismiss or abandon the case. Today, if DNA evidence exists, prosecutors can charge a defendant as soon as DNA evidence identifies them.

If the statute would have run and DNA identifies a perpetrator, prosecution must begin within four years of confirmation of their identity. (§ 76-1-302(3)).

Tolling

"Tolling" refers to the period of time when the statute pauses. The law recognizes there may be times when a plaintiff can't file a case for legal reasons. Both criminal and civil actions have tolling periods.

Civil cases are tolled if the plaintiff is under 18 or mentally incompetent, and does not have a legal guardian (§ 78B-2-108)

Criminal cases are tolled during any period of time when the defendant is out of the state (§ 76-1-304)

Get Legal Advice From a Utah Attorney

Missing the statute of limitations can prevent you from filing a personal injury claim in court. If you have a claim and don't know if you have time to file, you need help from a Utah attorney. If you're facing criminal charges, a criminal defense attorney can tell you if the prosecution is within their own legal statutes. Contact an attorney in your area today.