26B-3-1115. Limitation of actions — Civil acts antedating this section — Civil burden of proof — Estoppel — Joint civil liability — Venue.
| (1) |
An action under this part may not be brought after the later of:
Terms Used In Utah Code 26B-3-1115- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
- Verdict: The decision of a petit jury or a judge.
| (a) |
six years after the date on which the violation was committed; or |
| (b) |
three years after the date an official of the state charged with responsibility to act in the circumstances discovers the violation, but in no event more than 10 years after the date on which the violation was committed. |
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| (2) |
A civil action brought under this part may be brought for acts occurring prior to the effective date of this section if the limitations period set forth in Subsection (1) has not lapsed. |
| (3) |
In any civil action brought under this part the state shall be required to prove by a preponderance of evidence, all essential elements of the cause of action including damages. |
| (4) |
Notwithstanding any other provision of law, a final judgment rendered in favor of the state in any criminal proceeding under this part, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any civil action under this part which involves the same transaction. |
| (5) |
Civil liability under this part shall be joint and several for a violation committed by two or more persons. |
| (6) |
Any action brought by the state under this part shall be brought in district court in Salt Lake County or in any county where the defendant resides or does business. |
Renumbered and Amended by Chapter 306, 2023 General Session
