78B-2-114. Separate trial of statute of limitations issue in malpractice actions.
| (1) |
An issue raised by the defense regarding the statute of limitations in a case may be tried separately if the action is for professional negligence or for rendering professional services without consent, and against:
Terms Used In Utah Code 78B-2-114- action: as used in this chapter includes counterclaims and cross-complaints and all other civil actions in which affirmative relief is sought. See Utah Code 78B-2-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: means :Utah Code 68-3-12.5
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (a) |
a physician; |
| (c) |
a physician assistant; |
| (e) |
an osteopathic physician; |
| (g) |
a physical therapist; |
| (i) |
a clinical laboratory bioanalyst; |
| (j) |
a clinical laboratory technologist; or |
| (k) |
a licensed hospital, person, firm, or corporation as the employer of any of the persons in Subsection (1)(a) through (j). |
|
| (2) |
The issue raised may be tried before any other issues in the case are tried. If the issue raised by the defense of the statute of limitations is finally determined in favor of the plaintiff, the remaining issues shall then be tried. |
Amended by Chapter 349, 2019 General Session
