Utah Saving statute

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Utah Code Ann. § 78B-2-111. Failure of action--Right to commence new action

  1. If any action is timely filed and the judgment for the plaintiff is reversed, or if the plaintiff fails in the action or upon a cause of action otherwise than upon the merits, and the time limited either by law or contract for commencing the action has expired, the plaintiff, or if he dies and the cause of action survives, his representatives, may commence a new action within one year after the reversal or failure.
  2. On and after December 31, 2007, a new action may be commenced under this section only once.


Ewing v. State, Dept. of Transp., 2010 UT App 158, 235 P.3d 776, 778-79 states:

The savings statute provides, If any action is timely filed and the judgment for the plaintiff is reversed, or if the plaintiff fails in the action or upon a cause of action otherwise than upon the merits, and the time limited either by law or contract for commencing the action has expired, the plaintiff ... may commence a new action within one year after the reversal or failure. Utah Code Ann. § 78B–2–111(1) (2008). Thus, the savings statute could preserve the Ewings' claims by giving them an additional year to recommence the action, so long as three requirements were satisfied: (1) the original complaint must have been filed within the statute of limitations; (2) it must have failed on nonsubstantive grounds; and (3) the applicable statute of limitations must have expired.