Utah Notice of Claim Against a Government

Introduction

Key Things to Know

1. 1

   The deadline is strict. A claim is barred unless the notice of claim is filed with the right person, and according to Section 63G-7-401, within 1 year after the claim arises (Utah Code 63G-7-402). Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.

2. 2

   A claim arises when the limitations period that would apply if the claim were against a private person begins to run, subject to a discovery rule (63G-7-401(2)). The same Governmental Immunity Act covers the state and local entities.

3. 3

   For a claim against the state, the notice goes to the attorney general (63G-7-401(4)(b)(ii)(E)), or to the agent the entity designates in its statement filed with the Division of Corporations.

4. 4

   For local entities, the notice goes to the city or town clerk, the county clerk, the school district superintendent or business administrator, or a special district's presiding officer, secretary or clerk. For other boards, it goes to a governing board member, the executive director or the executive secretary, or to the designated agent (63G-7-401(4)(b)(ii)).

5. 5

   Delivery is by hand or by mail under Utah Code 68-3-8.5 to the physical address in the entity's statement, or by email to the address listed there with a contemporaneous email copy to the entity's attorney (63G-7-401(4)(c)-(d)).

6. 6

   The notice sets forth a brief statement of the facts, the nature of the claim asserted, and the damages incurred so far as they are known. It names the employee if the employee is pursued individually under 63G-7-202(3)(c), and it is signed by the claimant or the claimant's agent, attorney, parent or legal guardian.

7. 7

   If a notice was filed in good faith with an incorrect entity within the last 30 days of the filing period, the entity may not challenge timeliness if a correct notice is filed within 30 days after the period expires, with a copy and proof of the earlier filing (63G-7-401(10)(a)).

Utah Requirements for Notice of Claim

• One-Year Notice Deadline

  Utah Code 63G-7-402: a claim is barred unless notice of claim is filed with the right person, according to 63G-7-401, within 1 year after the claim arises.

• When the Claim Arises

  63G-7-401(2): when the limitations period that would apply to a private person begins to run, subject to a discovery rule.

• Recipients by Entity

  63G-7-401(4)(b)(ii): attorney general for the state; city or town clerk; county clerk; school district superintendent or business administrator; special district presiding officer, secretary or clerk; or the agent named in the entity's Division of Corporations statement.

• Delivery Methods

  63G-7-401(4)(c)-(d): hand delivery or mail under 68-3-8.5 to the physical address in the entity's statement, or email to the listed address with a contemporaneous email copy to the entity's attorney.

• Wrong-Entity Safe Harbor

  63G-7-401(10)(a): a good-faith notice to an incorrect entity in the last 30 days of the period is protected if a correct notice, with a copy and proof of the earlier filing, is filed within 30 days after the period expires.

• Guardian Ad Litem Start Date

  63G-7-401(5): if the entity obtains a guardian ad litem for an injured minor or mentally incompetent claimant, the notice period begins when the appointment order issues.

• Judgment Limits

  63G-7-604: dollar limits on judgments per person, for property damage and in the aggregate per occurrence, adjusted under 63G-7-605.

• Required Contents and Signature

  State a brief statement of the facts, the nature of the claim and the damages so far as known; name any employee pursued individually; sign as claimant, agent, attorney, parent or legal guardian.