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.

(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.

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(2) 

(a) 

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

(3) 

(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 53, 2020 General Session