(1) |
Except for bodily injury cases involving a motor vehicle as described in Sections 31A-22-303, 31A-22-305, and 31A-22-305.3, medical malpractice cases as described in Section 78B-3-401, and governmental claims described in Section 63G-7-401, any party to an action for personal injury or property damage as a result of tortious conduct may elect to submit all bodily injury claims and property damage claims to arbitration by filing a notice of the submission of the claim to binding arbitration in a district court if:
Terms Used In Utah Code 78B-10a-102- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Property: includes both real and personal property. 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.
(a) |
the claimant or the claimant’s representative has:
(i) |
previously and timely filed a complaint in a district court that includes a claim for bodily injury or property damage, or both; and |
(ii) |
filed a notice to submit the claim to arbitration within 14 days after the complaint is answered; and |
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(b) |
the notice required under Subsection (1)(a)(ii) is filed while the action under Subsection (1)(a)(i) is still pending. |
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(2) |
All parties shall respond within 30 days to the notice either agreeing or refusing to agree to arbitration. If a party does not respond, it is considered a refusal.
(a) |
If all parties agree to arbitration, the arbitration shall proceed in accordance with this chapter. |
(b) |
If the parties do not agree to arbitration, the action shall proceed to trial. The request for arbitration may not be revealed during a trial or while a damage award is being deliberated. |
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(3) |
If the parties agree to submit a bodily injury or property damage claim to arbitration under Subsection (1), the party initially requesting arbitration or the party’s representative is limited to an arbitration award not to exceed $50,000. |
Enacted by Chapter 197, 2011 General Session