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. |
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(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. |
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(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. |
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(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. |
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(c) |
A claimant may commence a new action under Subsection (3)(b) only once. |
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Amended by Chapter 53, 2020 General Session