78B-2-305. Within three years. An
action may be brought within three years:
| (1) |
for waste, trespass upon, or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass; |
Terms Used In Utah Code 78B-2-305
- 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
- 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.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- Person: means :Utah Code 68-3-12.5
- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- 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
| (2) |
for taking, detaining, or injuring personal property, including actions for specific recovery, except that:
| (a) |
in cases where the subject of the action is a domestic animal usually included in the term “livestock,” which at the time of its loss has a recorded mark or brand, if the animal strayed or was stolen from the true owner without the owner’s fault, the cause 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; and |
| (b) |
as provided in 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, the action may be brought within four years; |
|
| (3) |
for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake; |
| (4) |
for a liability created by the statutes of this state, other than for a penalty or forfeiture under the laws of this state, except where in special cases a different limitation is prescribed by the statutes of this state; or |
| (5) |
to enforce liability imposed by Section 78B-3-603, or for damages under Section 78B-6-1701, except that the cause of action does not accrue until the aggrieved party knows or reasonably should know of the harm suffered. |
Amended by Chapter 185, 2023 General Session
