Utah Code » Title 78B, Chapter 2 — Statutes of Limitations; part 78B-2-3 — Other than Real Property
Utah Code

Utah Code § 78B-2-304 (2026)

Within two years

✓ current as of May 2026
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An action may be brought within two years:

against a marshal, sheriff, or other officer for liability incurred during the performance of the officer's official duties or by the omission of an official duty, including the nonpayment of money collected upon an execution;
against a constable:
for the nonpayment of money collected upon an execution; or
acting at the direction of a city, as described in Section 10-7-87, or a county as described in Title 17, Chapter 78, Part 6, Constables, for liability incurred during the performance of the constable's duties;
for recovery of damages for a death caused by the wrongful act or neglect of another;
in causes of action against the state and state employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or
in causes of action against a political subdivision of the state and a political subdivision's employees, for injury to the personal rights of another arising after May 1, 2000, if not otherwise provided by state or federal law.
Notes of Decisions
Cited in 5 cases, 2010–2020 · leading case: Ewing v. State, Dep't of Transp., 2010 UT App 158 (Utah Ct. App. 2010).
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Ewing v. State, Dep't of Transp., 2010 UT App 158 (Utah Ct. App. 2010). · cites it 2× “The Ewings also argue, for the first time on appeal, that the applicable statute of limitations is not the one year provided by the Act but the two years provided by the wrongful death statute, see Utah Code Ann.”
Riggs v. Georgia-Pac. LLC, 2015 UT 17 (Utah 2015). “"), with Utan Code® § 78B-2-304(2) (an action "for recovery of damages for a death caused by the wrongful act or neglect of another" "may be brought within two years").”
Watson v. Utah High. Patrol (D. Utah 2020). · cites it 2× “3d 1224 , 1234-36 (Utah 2019) (rejecting unsupported argument that dismissal of action for failure to give timely notice of claim violated open courts provision of the Utah Constitution).”
Venuti v. Avco Corp. (D. Del. 2020). “§ 8107; Utah Code § 78B-2-304. Plus, in Delaware, if a timely suit is dismissed on pro- cedural grounds—by a Delaware court or by any other—the plaintiff gets one year to refile the case, even if the limitations period has ended.”
Riggs v. Georgia-Pac., 2015 UT 17 (Utah 2015). “33 But the Utah Health Care Malpractice Act bound a nonsignatory to an arbitration agreement ―if the sole basis for the claim is an injury sustained by [the 27Jensen, 944 P.”
— Utah Code § 78B-2-304(1) — 1 case
Watson v. Utah High. Patrol (D. Utah 2020). “3d 1224 , 1234-36 (Utah 2019) (rejecting unsupported argument that dismissal of action for failure to give timely notice of claim violated open courts provision of the Utah Constitution).”
— Utah Code § 78B-2-304(2) — 2 cases
Riggs v. Georgia-Pac. LLC, 2015 UT 17 (Utah 2015). “"), with Utan Code® § 78B-2-304(2) (an action "for recovery of damages for a death caused by the wrongful act or neglect of another" "may be brought within two years").”
Riggs v. Georgia-Pac., 2015 UT 17 (Utah 2015). “33 But the Utah Health Care Malpractice Act bound a nonsignatory to an arbitration agreement ―if the sole basis for the claim is an injury sustained by [the 27Jensen, 944 P.”
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