Utah Code » Title 63G, Chapter 7 — Governmental Immunity Act of Utah; part 63G-7-4 — Notice of Claim Against a Governmental Entity or a Government Employee
Utah Code

Utah Code § 63G-7-402 (2026)

Time for filing notice of claim

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A claim against a governmental entity, or against an 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, is barred unless notice of claim is filed with the person and according to the requirements of Section

63G-7-401

within one year after the claim arises regardless of whether or not the function giving rise to the claim is characterized as governmental.

Renumbered and Amended by Chapter 382, 2008 General Session

Notes of Decisions
Cited in 27 cases (6 in the last 5 years), 2010–2024 · leading case: Craig v. Provo City, 2016 UT 40, 389 P.3d 423.
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Craig v. Provo City, 2016 UT 40, 389 P.3d 423. · cites it 17× “§ 63G-7-402. Plaintiffs sought to sustain the timeliness of the suit by invoking the so-called Savings Statute, a provision outside the Governmental Immunity Act that generally extends the statute of limitations for plaintiffs when a complaint is dismissed other than “upon the…”
Pinder v. Duchesne, 2020 UT 68, 478 P.3d 610. · cites it 5× “See UTAH CODE § 63G-7-402 (barring a claim against a governmental entity or its employee ―unless notice of claim is filed .”
Stephenson v. Elison, 2017 UT App 149, 405 P.3d 733. · cites it 3× “” Utah Code Ann. § 63G-7-402 (LexisNexis 2008).”
Conner v. Dep't of Com., 2019 UT App 91, 443 P.3d 1250. · cites it 2× “See Utah Code Ann. § 63G-7-402 (LexisNexis 2016).”
McTee v. Weber Ctr. Condo. Ass'n, 2016 UT App 134, 379 P.3d 41. · cites it 5× “" See Utah Code Ann. §§ 63G-7-402, -601 (LexisNexis 2014).”
Ewing v. State, Dep't of Transp., 2010 UT App 158, 235 P.3d 776. · cites it 2× “See generalty Utah Code Ann. § 63G-7-402 (2008) {conditioning litigation against a governmental entity upon the filing of a notice of claim within one year of the accrual of the cause of action).”
Monarrez v. Utah Dep't of Transp., 2014 UT App 219, 335 P.3d 913. · cites it 2× “Utah Code Ann. § 63G-7-402 (LexisNexis 2011)2 (explaining that ‚*a+ claim against a governmental entity, or against an employee .”
Vittoria v. Provo City, 2024 UT App 99, 554 P.3d 1133. · cites it 4× “within two years after the claim arises.” Id. § 63G-7-403(2)(b). 2 ¶7 Though Vittoria filed a timely notice of claim with the City, she did not file an action in the district court until February 2022, over two and a half years after her claim arose in July 2019.”
Earl v. LaVerkin City, 2016 UT App 196, 382 P.3d 676. · cites it 2× “” Utah Code Ann. § 63G-7-402 (Lexis-Nexis 2014).”
3 Dimensional Contractors v. Utah Associated, 2024 UT App 35, 547 P.3d 829. · cites it 2× “§ 63G-7-102(4)(a) (stating that a “governmental entity” includes “the state and its political subdivisions”); id. § 11-13-203(1)(c) (stating that an “interlocal entity” such as UAMPS is “a political subdivision of the state”).”
Judkins v. Jenkins, 996 F. Supp. 2d 1155 (D. Utah 2014). · cites it 2× “” Utah Code Ann. § 63G-7-402. (emphasis added).”
Muir v. Wasatch Front Waste & Recycling, 2024 UT App 48, 547 P.3d 863. · cites it 2× “As previously noted, see supra ¶ 3, Muir managed to file her pre-suit notice of claim within one year of the collision, as required by Utah Code section 63G-7-402. 20221054-CA 13 2024 UT App 48”
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