Utah Code 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
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(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:
Terms Used In Utah Code 63G-7-403
- Claim: means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity. See Utah Code 63G-7-102
- Employee: includes :(3)(a)(i) a governmental entity's officers, employees, servants, trustees, or commissioners;(3)(a)(ii) a member of a governing body;(3)(a)(iii) a member of a government entity board;(3)(a)(iv) a member of a government entity commission;(3)(a)(v) members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section 67-5b-102;(3)(a)(vi) a student holding a license issued by the State Board of Education;(3)(a)(vii) an educational aide;(3)(a)(viii) a student engaged in an internship under Section 53B-16-402 or 53G-7-902;(3)(a)(ix) a volunteer, as defined in Section 67-20-2; and(3)(a)(x) a tutor. See Utah Code 63G-7-102
- Governmental entity: means :
(4)(a) the state and its political subdivisions; and(4)(b) a law enforcement agency, as defined in Section 53-1-102, that employs one or more law enforcement officers, as defined in Section 53-13-103. See Utah Code 63G-7-102- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) that the notice of claim has been received; and(1)(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.(2)(2)(a)(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.(2)(a)(ii) A claimant may not file an action before the date that is 60 days after the claimant’s notice of claim is filed.(2)(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)(3)(a) As used in this Subsection (3), “claimant” includes a representative of an individual:(3)(a)(i) who dies before an action is begun under this section; and(3)(a)(ii) whose cause of action survives the individual’s death.(3)(b) A claimant may commence an action after the time limit described in Subsection (2)(b) if:(3)(b)(i) the claimant had commenced a previous action within the time limit of Subsection (2)(b);(3)(b)(ii) the previous action failed or was dismissed for a reason other than on the merits; and(3)(b)(iii) the claimant commences the new action within one year after the previous action failed or was dismissed.(3)(c) A claimant may commence a new action under Subsection (3)(b) only once. - Governmental entity: means :