Utah Code
Utah Code § 78B-2-104 (2026)
Effect of absence from state
✓ current as of May 2026
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If a cause of action accrues against a person while the person is out of the state and the person is not subject to the jurisdiction of the courts of this state in accordance with Section
78B-3-205
, the action may be commenced within the term as limited by this chapter after his return to the state. If after a cause of action accrues the person departs from the state, the time of his absence is not part of the time limited for the commencement of the action unless Section
78B-3-205
applies.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2009–2024 · leading case: Arnold v. Grigsby, 2009 UT 88 (Utah 2009).
Arnold v. Grigsby, 2009 UT 88 (Utah 2009). “[6] Renumbered in 2008 as section 78B-2-104. [7] The Malpractice Act applies its statute of limitations "to all persons regardless of minority or other legal disability under Section 78-12-36 or any other provision of the law.”
Marshall Garber v. Heriberto Menendez, M.D., 888 F.3d 839 (6th Cir. 2018). “Some state legislatures as a result amended their tolling statutes to apply only if their long-arm statute-usually construed to extend as far as the Due Process Clause permitted-could not reach the out-of-state defendant.”
Gillett v. Brown, 2017 UT App 19 (Utah Ct. App. 2017). “Utah Code Ann. § 78B-2-104 (LexisNexis Supp.”
Arnold v. Grigsby, 2010 UT App 226 (Utah Ct. App. 2010). “See Utah Code Ann. § 78B-2-104 amend. notes (2008).”
Kennedy v. W. Res. Senior Care, 2024 Ohio 5565 (Ohio 2024). “§ 207(3); Utah Code Ann. § 78B-2-104. Some state courts interpreted their tolling laws to have the same effect.”
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