Utah Code

Utah Code § 63G-7-401 (2026)

When a claim arises -- Notice of claim requirements -- Governmental entity statement -- Limits on challenging notice of claim or summons and complaint

✓ current as of May 2026

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As used in this section, "doing-business-as name" means the name of an entity that:

is owned, operated, or controlled by a governmental entity; and

is not the name of the governmental entity; or

is not a name from which the governmental entity can be identified.

Except as provided in Subsection (2)(b), a claim arises when the statute of limitations that would apply if the claim were against a private person begins to run.

The statute of limitations does not begin to run until a claimant knew, or with the exercise of reasonable diligence should have known:

that the claimant had a claim against the governmental entity or the governmental entity's employee; and

the identity of the governmental entity or the name of the employee.

The burden to prove the exercise of reasonable diligence is upon the claimant.

Any person having a claim against a governmental entity, or against the governmental entity's 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 shall file a written notice of claim with the entity before maintaining an action, regardless of whether or not the function giving rise to the claim is characterized as governmental.

The notice of claim shall set forth:

a brief statement of the facts;

the nature of the claim asserted;

the damages incurred by the claimant so far as the damages are known; and

if the claim is being pursued against a governmental employee individually as provided in Subsection 63G-7-202(3)(c), the name of the employee.

The notice of claim shall be:

signed by the person making the claim or that person's agent, attorney, parent, or legal guardian, using any form of signature recognized by law as binding; and

delivered, transmitted, or sent, as provided in Subsection (4)(c), to the office of:

the city or town clerk, when the claim is against an incorporated city or town;

the county clerk, when the claim is against a county;

the superintendent or business administrator of the board, when the claim is against a school district or board of education;

the presiding officer or secretary or clerk of the board, when the claim is against a special district or special service district;

the attorney general, when the claim is against the state;

a member of the governing board, the executive director, or executive secretary, when the claim is against any other public board, commission, or body; or

the agent authorized by a governmental entity to receive the notice of claim by the governmental entity under Subsection (6)(e).

A notice of claim shall be:

delivered by hand to the physical address provided under Subsection (6)(a)(iv)(A);

transmitted by mail to the physical address provided under Subsection (6)(a)(iv)(A), according to the requirements of Section 68-3-8.5; or

sent by electronic mail to the email address provided under Subsection (6)(a)(iv)(B).

A claimant who submits a notice of claim by electronic mail under Subsection (4)(c)(iii) shall contemporaneously send a copy of the notice of claim by electronic mail to the city attorney, district attorney, county attorney, attorney general, or other attorney, as the case may be, who represents the governmental entity.

If an injury that may reasonably be expected to result in a claim against a governmental entity is sustained by a claimant who is under the age of majority or mentally incompetent, that governmental entity may file a request with the court for the appointment of a guardian ad litem for the potential claimant.

If a guardian ad litem is appointed, the time for filing a claim under Section 63G-7-402 begins when the order appointing the guardian ad litem is issued.

A governmental entity subject to suit under this chapter shall file a statement with the Division of Corporations and Commercial Code within the Department of Commerce containing:

the name and address of the governmental entity;

any doing-business-as name the governmental entity utilizes;

the office or agent designated to receive a notice of claim and service of a summons and complaint; and

the physical address to which a notice of claim is to be delivered by hand or transmitted by mail, for a notice of claim that a claimant chooses to hand deliver or transmit by mail;

the email address to which a notice of claim is to be sent, for a notice of claim that a claimant chooses to send by email, and the email address of the city attorney, district attorney, county attorney, attorney general, or other attorney, as the case may be, who represents the governmental entity; and

the physical address to which service of a summons and complaint is to be delivered by hand or transmitted by mail.

A governmental entity shall update the governmental entity's statement as necessary to ensure that the information is accurate.

The Division of Corporations and Commercial Code shall develop a form for governmental entities to complete that provides the information required under Subsection (6)(a).

A newly incorporated municipality shall file the statement required under Subsection (6)(a) promptly after the lieutenant governor issues a certificate of incorporation under Section 67-1a-6.5.

A newly incorporated special district shall file the statement required under Subsection (6)(a) at the time that the written notice is filed with the lieutenant governor under Section 17B-1-215.

A governmental entity may, in the governmental entity's statement, identify an agent authorized to accept notices of claim on behalf of the governmental entity.

The Division of Corporations and Commercial Code shall:

maintain an index of the statements required by this section arranged both alphabetically by entity and by county of operation; and

make the indices available to the public both electronically and via hard copy.

A governmental entity may not challenge the validity of a notice of claim, or the sufficiency of service of a summons and complaint, on the grounds that the notice of claim or the summons and complaint was not directed and delivered to the proper office or agent, if:

the error in the direction and delivery of the notice of claim or the summons and complaint is caused by the governmental entity's failure to file or update the statement described in Subsection (6)(a); and

the governmental entity had actual notice of the notice of claim or the summons and complaint.

A claimant bears the burden of proving that, despite the claimant's use of reasonable diligence, the claimant could not discover the identity of a governmental entity, if:

the governmental entity asserts a challenge to the validity of a notice of claim, or the sufficiency of service of a summons and complaint, that is not prohibited under Subsection (8); and

the claimant opposes the challenge on the basis of the governmental entity's use of a doing-business-as name.

A governmental entity may not challenge the timeliness, under Section 63G-7-402, of a notice of claim if:

the claimant files a notice of claim with the governmental entity:

in accordance with the requirements of this section; and

within 30 days after the expiration of the time for filing a notice of claim under Section 63G-7-402;

the claimant demonstrates that the claimant previously filed a notice of claim:

in accordance with the requirements of this section;

with an incorrect governmental entity;

in the good faith belief that the claimant was filing the notice of claim with the correct governmental entity;

within the time for filing a notice of claim under Section 63G-7-402; and

no earlier than 30 days before the expiration of the time for filing a notice of claim under Section 63G-7-402; and

the claimant submits with the notice of claim:

a copy of the previous notice of claim that was filed with a governmental entity other than the correct governmental entity; and

proof of the date the previous notice of claim was filed; or

the claimant delivers by hand, transmits by mail, or sends by email a notice of claim:

to an elected official or executive officer of the correct governmental entity but not to the correct office under Subsection (4)(b)(ii); and

that otherwise meets the requirements of Subsection (4); and

the claimant contemporaneously sends a hard copy or electronic copy of the notice of claim to the office of the city attorney, district attorney, county attorney, attorney general, or other attorney, as the case may be, representing the correct governmental entity; or

the governmental entity does not, within 60 days after the claimant delivers the notice of claim under Subsection (10)(b)(i), provide written notification to the claimant of the delivery defect and of the identity of the correct office to which the claimant is required to deliver the notice of claim.

Notes of Decisions

Cited in 43 cases (12 in the last 5 years), 2010–2026 · leading case: McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019).

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McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). · cites it 23× “3 ¶11 “While the GIA expressly waives immunity for suits to collect actual damages under the WBA, it does not waive the requirement that a notice of claim be filed pursuant to [Utah Code section 63G-7-401].” Thorpe, 2010 UT App 297, ¶ 12 (quotation simplified).”

Jenkins v. Jordan Valley Water Conservancy Dist., 2012 UT App 204 (Utah Ct. App. 2012). · cites it 17× “Thus, the issue presented by the District is whether the Jenkinses' notice meets the requirements of section 63G-7-401. 13 The Jenkinses' notice of claim states, in relevant part, On or about November 19, 2005, and again on or about October 2, 2006, the water line running along…”

Pinder v. Duchesne, 2020 UT 68 (Utah 2020). · cites it 4× “See UTAH CODE § 63G-7-401. Upon further review, both notices of claim were filed too late under the UGIA.”

Muir v. Wasatch Front Waste & Recycling, 2024 UT App 48 (Utah Ct. App. 2024). · cites it 17× “The defendants responded with a motion to dismiss, arguing that Muir’s complaint was untimely and should be dismissed for “failure to state a claim upon which relief can be granted,” see Utah R.”

Mallory v. Brigham Young Univ., 2014 UT 27 (Utah 2014). · cites it 3× “§§ 63G-7-401(2), -402. In this case, Randall Roy Mallory was injured in a motorcycle accident while leaving a Brigham Young University (BYU) parking lot.”

Am. West Bank Members L.C. v. State, 2014 UT 49 (Utah 2014). “See Utan Cone § 63G-7-401 to -904. 3 . UDFI moved to dismiss AWBM's claims under both rules 12(b)(1) and 12(b)(6) of the Utah Rules of Civil Procedure.”

Doyle v. Lehi City, 2012 UT App 342 (Utah Ct. App. 2012). · cites it 4× “" Utah Code Ann. § 63G-7-401(3)(a)(ii) (2011).”

Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). · cites it 6× “Thus, consistent with section 63G-7-401 of the GIA, the Schlegers served a notice of their claims on the Utah Attorney General 1 on May 21, 2014, the last possible day in the one-year period in which they could do so.”

Bolden v. Doe (In re Adoption of J.S.), 2014 UT 51 (Utah 2014). · cites it 2× “6 See UTAH CODE § 63G-7-401(2) (containing the Utah Govern- ment Immunity Act provision that any claimant with a right of action must, as a prerequisite to filing suit, file written notice of the claim with the government entity before maintaining the ac- tion).”

Stephenson v. Elison, 2017 UT App 149 (Utah Ct. App. 2017). · cites it 2× “§ 63G-7-401(l)(a). The parties do not address this question, and Stephenson neither cites the internal discovery rale nor asserts it as a basis for tolling his claims.”

McTee v. Weber Ctr. Condo. Ass'n, 2016 UT App 134 (Utah Ct. App. 2016). · cites it 5× “) (Quoting Utah Code Ann. §§ 63G-7-401, -402.) However, she did not do so until February 7, 2013, "one year and 18 days following her fall.”

GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50 (Utah 2018). “¶69 The question of whether a litigant can implicitly waive the terms and conditions found in the Immunity Act through the application of equitable remedies, such as estoppel, provides an even trickier question.”

Show all 43 citing cases →

— Utah Code § 63G-7-401(1) — 1 case

McTee v. Weber Ctr. Condo. Ass'n, 2016 UT App 134 (Utah Ct. App. 2016). “) (Quoting Utah Code Ann. §§ 63G-7-401, -402.) However, she did not do so until February 7, 2013, "one year and 18 days following her fall.”

— Utah Code § 63G-7-401(1)(a) — 3 cases

Pinder v. Duchesne, 2020 UT 68 (Utah 2020). “See UTAH CODE § 63G-7-401. Upon further review, both notices of claim were filed too late under the UGIA.”

Muir v. Wasatch Front Waste & Recycling, 2024 UT App 48 (Utah Ct. App. 2024). “The defendants responded with a motion to dismiss, arguing that Muir’s complaint was untimely and should be dismissed for “failure to state a claim upon which relief can be granted,” see Utah R.”

Patel v. Cent. Utah Clinic (D. Utah 2019).

— Utah Code § 63G-7-401(1)(b) — 2 cases

— Utah Code § 63G-7-401(1)(b)(i) — 2 cases

Patel v. Cent. Utah Clinic (D. Utah 2019).

— Utah Code § 63G-7-401(1)(c) — 1 case

— Utah Code § 63G-7-401(2) — 23 cases

Pinder v. Duchesne, 2020 UT 68 (Utah 2020). “See UTAH CODE § 63G-7-401. Upon further review, both notices of claim were filed too late under the UGIA.”

Mallory v. Brigham Young Univ., 2014 UT 27 (Utah 2014). “§§ 63G-7-401(2), -402. In this case, Randall Roy Mallory was injured in a motorcycle accident while leaving a Brigham Young University (BYU) parking lot.”

Bolden v. Doe (In re Adoption of J.S.), 2014 UT 51 (Utah 2014). “6 See UTAH CODE § 63G-7-401(2) (containing the Utah Govern- ment Immunity Act provision that any claimant with a right of action must, as a prerequisite to filing suit, file written notice of the claim with the government entity before maintaining the ac- tion).”

McGraw v. Univ. of Utah, 2019 UT App 144 (Utah Ct. App. 2019). “3 ¶11 “While the GIA expressly waives immunity for suits to collect actual damages under the WBA, it does not waive the requirement that a notice of claim be filed pursuant to [Utah Code section 63G-7-401].” Thorpe, 2010 UT App 297, ¶ 12 (quotation simplified).”

Nebeker v. Summit Cnty., 2014 UT App 244 (Utah Ct. App. 2014).

— Utah Code § 63G-7-401(3) — 2 cases

Matagi (D. Utah 2026).

Orosco v. Clinton City, 2012 UT App 333 (Utah Ct. App. 2012).

— Utah Code § 63G-7-401(3)(a) — 4 cases

Jenkins v. Jordan Valley Water Conservancy Dist., 2012 UT App 204 (Utah Ct. App. 2012). “Thus, the issue presented by the District is whether the Jenkinses' notice meets the requirements of section 63G-7-401. 13 The Jenkinses' notice of claim states, in relevant part, On or about November 19, 2005, and again on or about October 2, 2006, the water line running along…”

Winegar v. Springville City, 2018 UT App 42 (Utah Ct. App. 2018).

Cline v. State of Utah (D. Utah 2020).

— Utah Code § 63G-7-401(3)(a)(i) — 2 cases

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(3)(a)(ii) — 1 case

Doyle v. Lehi City, 2012 UT App 342 (Utah Ct. App. 2012). “" Utah Code Ann. § 63G-7-401(3)(a)(ii) (2011).”

— Utah Code § 63G-7-401(3)(a)(iiii) — 1 case

— Utah Code § 63G-7-401(3)(a)(iv) — 1 case

Winegar v. Springville City, 2018 UT App 42 (Utah Ct. App. 2018).

— Utah Code § 63G-7-401(3)(b) — 1 case

— Utah Code § 63G-7-401(3)(b)(i) — 1 case

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(3)(b)(ii) — 1 case

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(3)(b)(ii)(A) — 3 cases

Anderson v. Hon. Donald J. Eyre, 2015 UT App 148 (Utah Ct. App. 2015).

Winegar v. Springville City, 2018 UT App 42 (Utah Ct. App. 2018).

Cline v. State of Utah (D. Utah 2020).

— Utah Code § 63G-7-401(3)(b)(ii)(B) — 1 case

— Utah Code § 63G-7-401(3)(b)(ii)(E) — 3 cases

Schleger v. State, 2018 UT App 84 (Utah Ct. App. 2018). “Thus, consistent with section 63G-7-401 of the GIA, the Schlegers served a notice of their claims on the Utah Attorney General 1 on May 21, 2014, the last possible day in the one-year period in which they could do so.”

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(3)(b)(ii)(G) — 2 cases

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

Cline v. State of Utah (D. Utah 2020).

— Utah Code § 63G-7-401(3)(ii)(b)(E) — 1 case

— Utah Code § 63G-7-401(4)(a) — 1 case

Jewkes (D. Utah 2026).

— Utah Code § 63G-7-401(4)(b) — 1 case

Jewkes (D. Utah 2026).

— Utah Code § 63G-7-401(4)(b)(ii) — 1 case

Hinkley (D. Utah 2026).

— Utah Code § 63G-7-401(5) — 1 case

— Utah Code § 63G-7-401(5)(a) — 1 case

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(5)(e) — 1 case

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(6)(b) — 1 case

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(7) — 3 cases

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(8)(a) — 1 case

E.S v. Univ. of Utah Med. Ctr., 2024 UT App 57 (Utah Ct. App. 2024).

— Utah Code § 63G-7-401(8)(a)(ii) — 1 case

— Utah Code § 63G-7-401(8)(a)(iif) — 1 case

— Utah Code § 63G-7-401(8)(b) — 1 case

— Utah Code § 63G-7-401(l)(a) — 2 cases

Stephenson v. Elison, 2017 UT App 149 (Utah Ct. App. 2017). “§ 63G-7-401(l)(a). The parties do not address this question, and Stephenson neither cites the internal discovery rale nor asserts it as a basis for tolling his claims.”

Earl v. LaVerkin City, 2016 UT App 196 (Utah Ct. App. 2016).

— Utah Code § 63G-7-401(l)(b) — 1 case

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