Utah § 78B-2-114 Separate trial of statute of limitations issue in malpractice actions.

Utah Statutes

§ 78B-2-114 — Separate trial of statute of limitations issue in malpractice actions.

Utah § 78B-2-114

Title 78BJudicial Code

Ch. 78B-2Statutes of Limitations

Part 78B-2-1General Provisions and Special Actions

This text of Utah § 78B-2-114 (Separate trial of statute of limitations issue in malpractice actions.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-2-114 (2026).

Text

(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:

(1)(a) a physician;

(1)(b) a surgeon;

(1)(c) a physician assistant;

(1)(d) a dentist;

(1)(e) an osteopathic physician;

(1)(f) a chiropractor;

(1)(g) a physical therapist;

(1)(h) a registered nurse;

(1)(i) a clinical laboratory bioanalyst;

(1)(j) a clinical laboratory technologist; or

(1)(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 determin

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(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:

(1)(a) a physician;
(1)(b) a surgeon;
(1)(c) a physician assistant;
(1)(d) a dentist;
(1)(e) an osteopathic physician;
(1)(f) a chiropractor;
(1)(g) a physical therapist;
(1)(h) a registered nurse;
(1)(i) a clinical laboratory bioanalyst;
(1)(j) a clinical laboratory technologist; or
(1)(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.