Utah Code » Title 63G, Chapter 7 — Governmental Immunity Act of Utah; part 63G-7-6 — Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments
Utah Code

Utah Code § 63G-7-601 (2026)

Actions governed by Utah Rules of Civil Procedure -- Undertaking required

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An action brought under this chapter shall be governed by the Utah Rules of Civil Procedure to the extent that they are consistent with this chapter.
A plaintiff who files an action under this chapter shall file an undertaking within 20 days after commencement of the action:
in the amount of $300, unless otherwise ordered by the court; and
conditioned upon payment by the plaintiff of taxable costs incurred by the governmental entity in the action if the plaintiff fails to prosecute the action or fails to recover judgment.
If a plaintiff does not file an undertaking as required in Subsection (2), a court may, sua sponte or pursuant to a motion, order the plaintiff to file an undertaking in an amount and by a deadline that the court establishes.
A defendant waives a defense based on the plaintiff's failure to file an undertaking under this section if the defendant does not raise the plaintiff's failure to file an undertaking as an affirmative defense in the defendant's initial responsive pleading.

Amended by Chapter 229, 2019 General Session

Notes of Decisions
Cited in 7 cases, 2015–2019 · 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 7× “See UTAH CODE § 63G-7-601(2). And by the time the case was refiled (this time with a bond), it was beyond the one-year filing requirement of the Governmental Immunity Act.”
Kendall v. Olsen, 2017 UT 38, 424 P.3d 12. · cites it 4× “Associate Chief Justice Lee, opinion of the Court: ¶ 1 Sean Kendall seeks a declaration that Utah Code sections 63G-7-601 and 78B-3-104 violate the Open Courts Clause of the Utah Constitution by restricting access to courts in lawsuits against police officers.”
Miller v. West Valley City, 2017 UT App 65, 397 P.3d 761. · cites it 2× “It asserted Miller’s suit should be dismissed for lack of jurisdiction under rule 12(b)(1) of the Utah Rules of Civil Procedure because Miller failed to file a bond as required by section 63G-7-601(2) of the Utah Code. Further, WVC argued Miller’s complaint “should be dismissed…”
Marziale v. Spanish Fork City, 2017 UT 51, 423 P.3d 1145. · cites it 9× “See Utah Code § 63G-7-601 (2017). Thus, Hansen 's principle that the provision is not jurisdictional still applies.”
Zemlicka v. West Jordan City, 2019 UT App 22, 438 P.3d 1036. · cites it 12× “" Utah Code Ann. § 63G-7-601(2) (LexisNexis 2016) (emphasis added).”
Craig v. Provo City, 2015 UT App 145, 352 P.3d 139. · cites it 2× “See Utah Code Ann. § 63G-7-601(2) (Lex-isNexis 2011) (requiring the plaintiff to file a $300 bond "[alt the time the action is filed" (emphasis added)).”
Ostler v. Harris, No. 2:18-cv-00254, 2019 WL 2409633 (D. Utah June 7, 2019). · cites it 2× “Third Cause of Action Defendants seek to dismiss Plaintiffs’ claim challenging Utah Code § 63G-7-601, an undertaking statute.”
Utah Code § 63G-7-601(1): 1 case
Marziale v. Spanish Fork City, 2017 UT 51, 423 P.3d 1145. “See Utah Code § 63G-7-601 (2017). Thus, Hansen 's principle that the provision is not jurisdictional still applies.”
Utah Code § 63G-7-601(2): 5 cases
Craig v. Provo City, 2016 UT 40, 389 P.3d 423. “See UTAH CODE § 63G-7-601(2). And by the time the case was refiled (this time with a bond), it was beyond the one-year filing requirement of the Governmental Immunity Act.”
Miller v. West Valley City, 2017 UT App 65, 397 P.3d 761. “It asserted Miller’s suit should be dismissed for lack of jurisdiction under rule 12(b)(1) of the Utah Rules of Civil Procedure because Miller failed to file a bond as required by section 63G-7-601(2) of the Utah Code. Further, WVC argued Miller’s complaint “should be dismissed…”
Zemlicka v. West Jordan City, 2019 UT App 22, 438 P.3d 1036. “" Utah Code Ann. § 63G-7-601(2) (LexisNexis 2016) (emphasis added).”
Craig v. Provo City, 2015 UT App 145, 352 P.3d 139. “See Utah Code Ann. § 63G-7-601(2) (Lex-isNexis 2011) (requiring the plaintiff to file a $300 bond "[alt the time the action is filed" (emphasis added)).”
Marziale v. Spanish Fork City, 2017 UT 51, 423 P.3d 1145. “See Utah Code § 63G-7-601 (2017). Thus, Hansen 's principle that the provision is not jurisdictional still applies.”
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