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

Utah Code § 78B-2-305 (2026)

Actions with a statute of limitations of three years -- Exceptions

✓ current as of May 2026
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Except as otherwise provided in this Subsection (1), an action may only be brought within three years:
for waste, trespass upon, or injury to real property;
for taking, detaining, or injuring personal property, including actions for specific recovery;
for relief on the ground of fraud or mistake;
for liability created by statutes of this state other than for a penalty or forfeiture under the laws of this state; or
to enforce liability imposed by Section 78B-3-603 or for damages under Section 78B-6-1701.
An action under Subsection (1)(a)(i) does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass if the waste or trespass is committed by means of underground works upon any mining claim.
An action described in Subsection (1)(a)(ii) does not accrue until the owner has actual knowledge of facts that would put a reasonable person upon inquiry as to the possession of the animal by the defendant if:
the subject of the action is a domestic animal usually included in the term "livestock" which at the time of the animal's loss has a recorded mark or brand; and
the animal strayed or was stolen from the true owner without the owner's fault.
An action described in Subsection (1)(a)(ii) may be brought within four years in accordance with Subsection 78B-2-307(3) for a claim involving damage to personal property from an accident involving a motor vehicle, as defined in Section 41-6a-102, including an accident involving a motor vehicle and bicycle.
An action described in Subsection (1)(a)(iii) does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
For an action described in Subsection (1)(a)(iv), the three-year limitation period does not apply if there is a different limitation period provided by the Utah Code.
An action described in Subsection (1)(a)(v) does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.
As used in this Subsection (2):
"Client" means the same as that term is defined in Section 78A-9-103.
"Unauthorized practice of law" means the same as that term is defined in Section 78A-9-103.
The Board of Commissioners for the Utah State Bar may only bring an action for the unauthorized practice of law described in Subsection 78B-9-103(4) within three years after the day on which the person engaged in the unauthorized practice of law.
If a person engages in continuous conduct that constitutes the unauthorized practice of law, the day on which the limitation period described in Subsection (2)(b)(i) begins when the person ceases to engage in the unauthorized practice of law.
A client may only bring an action for the unauthorized practice of law described in Subsection 78B-9-103(5) within three years after the day on which the client discovers, or through the use of reasonable diligence should have discovered, that the person engaged in the unauthorized practice of law.
Notes of Decisions
Cited in 49 cases (14 in the last 5 years), 2008–2026 · leading case: Bistline v. Parker, 918 F.3d 849 (10th Cir. 2019).
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Bistline v. Parker, 918 F.3d 849 (10th Cir. 2019). · cites it 4× “Utah Code Ann. § 78B-2-305(3). Although plaintiffs did allege relevant activities taking place throughout 2012-2014, there is no question that many of the crucial events related to their causes of action transpired more than three years before they filed suit.”
HKS Architects v. MSM Enter., 2021 UT App 70 (Utah Ct. App. 2021). · cites it 12× “¶22 The applicable statute of limitations for HKS’s first and third claims is found in Utah Code section 78B-2-305. It states that “for relief on the ground of fraud or mistake,” plaintiffs must bring an action within three years from the time they “discover[ed] .”
Olsen v. Eagle Mountain City, 2011 UT 10 (Utah 2011). · cites it 2× “For such requests (like Olsen's), the time limit for filing is provided elsewhere, in the three-year statute of limitations in Utah Code section 78B-2-305(4) (Supp.2010). Olsen filed his request for reimbursement after his acquittal in the manner required by Section 202.”
Ockey v. Lehmer, 2008 UT 37 (Utah 2008). · cites it 2× “Utah Code Ann. § 78B-2-305(2) (2008). 34 .”
Rabo Agrifinance, Inc. v. Bliss, 227 F. Supp. 3d 1249 (D. Utah 2017). · cites it 4× “Statute of Limitations for Claims Grounded in Fraud Utah Code § 78B-2-305(3) provides for a three year statute of limitations for relief on the ground of fraud or mistake.”
Dummar v. Lummis, 543 F.3d 614 (10th Cir. 2008). · cites it 2× “190(3)(d); Utah Code Ann. § 78B-2-305(3). In both States the cause of action accrues upon “the discovery by the aggrieved party of the facts constituting the fraud.”
Donner v. Nicklaus, 197 F. Supp. 3d 1314 (D. Utah 2016). · cites it 6× “The parties agree that plaintiffs’ time for filing their claim is governed by the three-year statute of limitations for fraud claims found at Utah Code Ann. § 78B-2-305(3): An action may be brought within three years for relief on the ground of fraud or mistake; except that the…”
Young Res. Ltd. P'ship v. Promontory Landfill LLC, 2018 UT App 99 (Utah Ct. App. 2018). · cites it 2× “See Utah Code Ann. § 78B-2-305(3) (LexisNexis 2012) (providing that the three-year statute of limitations in cases of fraud or mistake does not begin to run "until the discovery by the aggrieved party of the facts constituting the fraud or mistake").”
Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). · cites it 2× “3d 51 (citing UTAH CODE § 78B-2-305(2) ), and a three-year statute of limitations for fraud, Hill v.”
Wells Fargo Bank v. Noerring, 2018 UT App 232 (Utah Ct. App. 2018). · cites it 6× “Utah Code Ann. § 78B-2-305(3). Whether a statute of limitations applies and whether the limitations period is subject to tolling are questions of law.”
Peterson v. Pierce, 2019 UT App 48 (Utah Ct. App. 2019). · cites it 6× “¶14 Utah Code section 78B-2-305 provides, in relevant part, "An action may be brought within three years: .”
Pierucci v. Pierucci, 331 P.3d 7 (Utah Ct. App. 2014). · cites it 2× “The statute setting forth the discovery rule only mentions "the discovery by the aggrieved party of the facts constituting the fraud," Utah Code Ann. § 78B-2-305(3) (LexisNexis 2012) (emphasis added), as a trigger for the running of the statute of limitations.”
Show all 49 citing cases →
— Utah Code § 78B-2-305(1) — 2 cases
Lavender v. FCOI Preserve, 2025 UT App 47 (Utah Ct. App. 2025).
Skull Valley Health Care v. NorStar Consultants (D. Utah 2025).
— Utah Code § 78B-2-305(2) — 5 cases
Ockey v. Lehmer, 2008 UT 37 (Utah 2008). “Utah Code Ann. § 78B-2-305(2) (2008). 34 .”
Jensen v. Intermountain Healthcare, Inc., 2018 UT 27 (Utah 2018). “3d 51 (citing UTAH CODE § 78B-2-305(2) ), and a three-year statute of limitations for fraud, Hill v.”
In Re Celexa & Lexapro Mktg. & Sales Practices Litig., 751 F. Supp. 2d 277 (D. Mass. 2010).
Fed. Deposit Ins. Corp. v. Am. West Bank Members, L.C. (D. Utah 2024).
Waveland Capital Partners, LLC v. Tommerup, 928 F. Supp. 2d 1227 (D. Mont. 2013).
— Utah Code § 78B-2-305(3) — 25 cases
Bistline v. Parker, 918 F.3d 849 (10th Cir. 2019). “Utah Code Ann. § 78B-2-305(3). Although plaintiffs did allege relevant activities taking place throughout 2012-2014, there is no question that many of the crucial events related to their causes of action transpired more than three years before they filed suit.”
HKS Architects v. MSM Enter., 2021 UT App 70 (Utah Ct. App. 2021). “¶22 The applicable statute of limitations for HKS’s first and third claims is found in Utah Code section 78B-2-305. It states that “for relief on the ground of fraud or mistake,” plaintiffs must bring an action within three years from the time they “discover[ed] .”
Rabo Agrifinance, Inc. v. Bliss, 227 F. Supp. 3d 1249 (D. Utah 2017). “Statute of Limitations for Claims Grounded in Fraud Utah Code § 78B-2-305(3) provides for a three year statute of limitations for relief on the ground of fraud or mistake.”
Dummar v. Lummis, 543 F.3d 614 (10th Cir. 2008). “190(3)(d); Utah Code Ann. § 78B-2-305(3). In both States the cause of action accrues upon “the discovery by the aggrieved party of the facts constituting the fraud.”
Donner v. Nicklaus, 197 F. Supp. 3d 1314 (D. Utah 2016). “The parties agree that plaintiffs’ time for filing their claim is governed by the three-year statute of limitations for fraud claims found at Utah Code Ann. § 78B-2-305(3): An action may be brought within three years for relief on the ground of fraud or mistake; except that the…”
— Utah Code § 78B-2-305(4) — 9 cases
Olsen v. Eagle Mountain City, 2011 UT 10 (Utah 2011). “For such requests (like Olsen's), the time limit for filing is provided elsewhere, in the three-year statute of limitations in Utah Code section 78B-2-305(4) (Supp.2010). Olsen filed his request for reimbursement after his acquittal in the manner required by Section 202.”
Ramsay v. Ret. Bd., 2017 UT App 17 (Utah Ct. App. 2017).
Flowell Elec. Ass'n v. Rhodes Pump, LLC, 2015 UT 87 (Utah 2015).
Ostler v. Ret. Bd., 2017 UT App 96 (Utah Ct. App. 2017).
Mineral Resources Int'l, Inc. v. Trace Minerals Rsch., L.C. (In re Mineral Resources Int'l, Inc.), 565 B.R. 684 (Bankr. D. Utah 2017).
— Utah Code § 78B-2-305(8) — 1 case
Grgich v. Grgich, 2011 UT App 214 (Utah Ct. App. 2011).
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