Utah Code Ann. § 78B-2-307
Four-year limitations periods: the cases that interpreted this section
54 citing cases reviewed of 58 in the citation index: 35 interpreted the section (annotated below), 19 cited it only in passing. Cases filed after 2026-06-10 may not have been reviewed yet.
Have a situation under Utah Code Ann. § 78B-2-307?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Later changes in law
Changes after the earliest notes below. A note stating a rule one of these changed is marked "Law changed since".
- 2017-05-09 S.B. 58, ch. 204, updated subsection (2) to refer to the Uniform Voidable Transactions Act and its renumbered provisions; the four-year period remained. Source
- 2023-05-03 H.B. 388, ch. 185, added a four-year period for motor vehicle property-damage claims as subsection (3) and moved the unchanged catch-all period from subsection (3) to subsection (4). Source
Professional malpractice and fiduciary claims
Section 78B-2-307(8) gives a plaintiff four years to file a legal malpractice claim after it arises.
Jensen v. Young · filed 2010-11-23(8)
The limitations period for a legal malpractice claim is four years. See Utah Code Ann. § 78B-2-307(8) (2008). Applying the four-year statute of limitations to the dates on which Dr. Jensen's legal malpractice claims arose reveals that Dr. Jensen's malpractice claims against Mr. Young expired on September 5, 2000, for damages arising from the first broadcast and on June 17, 2001 for damages arising from the second broadcast.Read the full opinion on CourtListener →
Section 78B-2-307(3) provides a four-year limitations period for legal malpractice claims when no more specific period applies.
Moshier v. Fisher · filed 2018-06-07(3)
“The limitations period for a legal malpractice claim is four years.” Jensen v. Young, 2010 UT 67, ¶ 15, 245 P.3d 731; see also Utah Code Ann. § 78B-2-307(3) (LexisNexis Supp. 2017) (imposing a catch-all, four-year limitations period where a more specific period does not apply). ... Therefore, the district court’s decision that “the substance of [the Moshiers’] contract claim is [Fisher’s] professional negligence” was not error, and the court correctly applied the four-year statute of limitations.Read the full opinion on CourtListener →
Section 78B-2-307(3) sets a four-year limitations period for legal malpractice and breach of fiduciary duty claims.
Bistline v. Parker · filed 2019-03-14(3)
A four-year statute of limitations applies to plaintiffs' legal malpractice and breach of fiduciary duties claims. Utah Code Ann. § 78B-2-307(3). Subject to the analysis above, these claims are also time-barred unless they are equitably tolled.Read the full opinion on CourtListener →
Section 78B-2-307(3) sets a four-year limitations period for breach-of-fiduciary-duty claims.
Jenkins v. Prime Insurance Co. · filed 2023-07-31(3)
Finally, to the extent the statute of limitations should be based on Utah law, the statute of limitations for a breach of fiduciary duty claim is four years. Utah Code Ann. §78B-2-307(3); Russell Packard Dev., Inc. v. Carson, 2005 UT 14, ¶ 13, 108 P.3d 741, 744. Accordingly, even under Utah law, the statute of limitations expired long before Plaintiffs filed their March 2020 complaint, and thus the claim is still time-barred.Read the full opinion on CourtListener →
Four-year catch-all limitations period
Section 78B-2-307(3) provides a four-year limitations period for trust claims when no other period is provided by law.
Bowen v. Bowen · filed 2011-10-14(3)
We note that this broad statement is both inconsistent with the trial court's subsequent application of the discovery rule to toll the statute of limitations and incorrect in light of our determination that the catch-all statute of limitations applies to this case. See generally Utah Code Ann. § 78B-2-307(3) (2008) (providing a four-year limitations period "for relief not otherwise provided for by law").Read the full opinion on CourtListener →
Section 78B-2-307(3) gives constructive trust claims a four-year limitations period when no specific limit is otherwise provided by law.
Pero v. Knowlden · filed 2014-09-18(3)
A constructive trust claim is subject to a four-year statute of limitations. ... The four-year statute of limitations applies because there is not a specific limit otherwise provided by law.Read the full opinion on CourtListener →
Section 78B-2-307(3) sets a four-year limitations period for a negligence claim arising from an automobile accident.
Norton v. Hess · filed 2016-05-19(3)
Norton’s appeal is entirely governed by the applicable statute of limitations and the savings statute. See Utah Code Ann. §§ 78B-2-307(3), 78B-2-111 (LexisNexis 2012). The statute of limitations for Norton’s negligence claim is four years.Read the full opinion on CourtListener →
Section 78B-2-307(3) sets a four-year limitations period for claims for relief not otherwise provided for by law.
Maryland Casualty Co. v. Mid-Continent Casualty Co. · filed 2018-03-20(3)
Moreover, the law is settled: claims “founded upon an instrument in writing” are subject to Utah’s six-year statute of limitations, Utah Code Ann. § 78B-2-309(2), while claims “for relief not otherwise provided for by law,” Utah Code Ann. § 78B-2-307(3), are subject to a four-year statute of limitations, or Utah’s catchall statute of limitations.Read the full opinion on CourtListener →
Section 78B-2-307(3) gives four years to bring negligence and breach of fiduciary duty claims; the period begins when the plaintiff first suffers actionable loss, even if consequential damages arise later.
Nat'l Title Agency LLC v. JPMorgan Chase Bank NA · filed 2018-07-27(3)
In sum, the statutes of limitations started to run in 2010 when Plaintiffs sustained the loss of the escrowed funds for which they were responsible—not in 2013 when aspects of their claimed special or consequential damages at last came to fruition. Plaintiffs brought this suit on March 15, 2016, almost six years after the escrowed funds entrusted to them were improperly released from the Trust Account. Because their breach of contract claim is subject to a two-year contractual limitations provision and their breach of fiduciary duty and negligence claims are subject to the general four-year statute of limitations, Plaintiffs’ claims are time-barred.Read the full opinion on CourtListener →
Section 78B-2-307(3) sets a four-year limitations period for tortious interference and civil conspiracy claims.
J White L.C. v. Wiseman · filed 2020-07-10(3)
The limitations period applicable to these causes of action is four years.Read the full opinion on CourtListener →
Section 78B-2-307(3) provides a four-year limitations period for personal injury claims arising in Utah, including Bivens and § 1983 claims.
Shayesteh v. Hoye · filed 2020-10-26(3)
Utah has a limitation period of four years. Utah Code Ann. § 78B-2-307(3). Accordingly, since the claims that arose in Nevada or Iowa would be barred (but not Utah), the Court finds that the first permissive extension factor weighs at least partly in Plaintiff’s favor.Read the full opinion on CourtListener →
Section 78B-2-307(3) provides a four-year limitations period for personal-injury claims, which applies to Bivens claims arising in Utah.
Mullins v. Stokes · filed 2022-02-04(3)
Although Agent Stokes is a viable defendant for a Bivens claim, Plaintiff’s claims are barred by the four-year statute of limitations found in Utah Code § 78B-2-307(3).Read the full opinion on CourtListener →
Section 78B-2-307(3) gives a plaintiff four years to bring a claim for aiding and abetting a breach of fiduciary duty.
Sevastopoulos v. Wells Fargo Bank NA · filed 2022-10-05(3)
A claim for aiding and abetting a breach of fiduciary duty is subject to a four-year statute of limitations. See United Park City Mines Co. v. Greater Park City Co., 870 P.2d 880, 890 (Utah 1993) (concluding that a claim for aiding and abetting a breach of fiduciary duty was barred by the four-year statute of limitations); see also Utah Code Ann. § 78B-2-307(3).Read the full opinion on CourtListener →
Section 78B-2-307 supplies a four-year limitations period for § 1983 claims filed in Utah.
Scott v. Angerhofer · filed 2023-10-02
For cases initiated in Utah, § 1983 claims are subject to "the four-year statute of limitation period of [Utah Code Ann. § 78B-2-307 (2023)]." Larson v. Snow College, 189 F. Supp. 2d 1286, 1292 (D. Utah 2000); see also Fratus v. Deland, 49 F.3d 673, 675 (10th Cir. 1995) ("Utah's four-year residual statute of limitations . . . governs suits brought under [§] 1983.").Read the full opinion on CourtListener →
Section 78B-2-307 provides a four-year catch-all limitations period, which had not run on a statutory interest claim that could not accrue before the death benefit funds were deposited.
New York Life Insurance and Annuity Corporation v. Brinkley · filed 2024-03-14
Thus, the four-year, catch-all statute of limitations under Utah Code § 78B-2-307 has not run.Read the full opinion on CourtListener →
Section 78B-2-307 gives tort claims, including negligent misrepresentation, emotional distress, and wrongful foreclosure, a four-year limitations period.
Valdez v. Wells Fargo Bank · filed 2025-08-14
Tort claims like negligent misrepresentation, emotional distress, and wrongful foreclosure49 must be brought within four years.Read the full opinion on CourtListener →
Section 78B-2-307(4) sets a four-year limitations period for sexual assault, battery, and negligent retention and supervision claims.
Montelongo · filed 2025-12-04(4)
Utah imposes a four-year statute of limitations on claims for sexual assault and battery. Utah Code § 78B-2-307(4).Read the full opinion on CourtListener →
Section 78B-2-307(4) provides a four-year limitations period for declaratory judgment claims seeking rights with no more specific limitations period.
Sullivan · filed 2026-06-10(4)
For declaratory judgment claims that seek declarations of rights not governed by a specific statute of limitations, Utah’s general four-year statute of limitations for “relief not otherwise provided for by law applies.”Read the full opinion on CourtListener →
Section 78B-2-307(8) gives a party four years to bring an action for breach of a constructive trust.
Estate of Davis v. Davis · filed 2011-10-14(8)
An action for breach of a constructive trust is subject to a four-year statute of limitations.Read the full opinion on CourtListener →
An unjust enrichment claim is subject to a four-year statute of limitations.
Sumsion v. Bay Harbor Farm, LC · filed 2018-06-14(3)
A claim for unjust enrichment is subject to a four-year statute of limitations.Read the full opinion on CourtListener →
Section 78B-2-307(1)(a) gives unjust enrichment claims a four-year limitations period.
Hunter v. Finau · filed 2024-02-15(1)(a)
The statute of limitations on a claim for unjust enrichment is four years. See Utah Code § 78B-2- 307(1)(a); Pero v. Knowlden, 2014 UT App 220, ¶ 16, 336 P.3d 55.Read the full opinion on CourtListener →
Section 78B-2-307 provides a four-year catch-all limitations period that applies to equitable actions.
Peterson v. Tennant Metals · filed 2023-09-28
However, even assuming that the district court erred in this regard, these equitable claims allegedly arose due to Defendants’ non-payment in late 2012 and would therefore have been barred by the four-year catch-all statute of limitations, see Utah Code § 78B-2-307, which applies to equitable ... actions, see American Tierra Corp. v. City of West Jordan, 840 P.2d 757, 761 (Utah 1992) (applying the catch-all statute of limitations to an equitable action after relying on both the “principle that actions in equity frequently are governed by a state’s catch-all limitation statute” and “the Utah precedents that have applied our four-year catch-all statute to equitable actions”).Read the full opinion on CourtListener →
Section 78B-2-307(1)(a) sets a four-year limitations period for unpaid-wage claims against a state entity.
Cooperstein v. University of Utah · filed 2025-09-22(1)(a)
Under Utah law, the statute of limitations for a claim of unpaid wages from a state entity, such as the University, is four years. Utah Code § 78B-2-307(1)(a). Cooperstein filed his Complaint for failure to pay wages on December 28, 2022, so the applicable statute of limitations would bar any claim for unpaid wages occurring prior to December 28, 2018.Read the full opinion on CourtListener →
Accrual and tolling
For credit-card debt, the four-year limitations period under § 78B-2-307(1)(a) begins when the debtor’s last payment is received.
In re Hood · filed 2011-11-14(1)(a)
Even the shorter period, though, would not have commenced until the last payment was received from Hood in April 2006, Utah Code Ann. § 78B-2-307(l)(a), which was less than four years before she filed her Chapter 7 case and less than four years before AMEX Centurion filed its proof of claim in September 2009.Read the full opinion on CourtListener →
Section 78B-2-307(3) sets a four-year limit for a tort claim; absent concealment or misleading conduct, equitable tolling requires exceptional circumstances.
Falkenrath v. Candela Corporation · filed 2016-04-14(3)
Because Falkenrath conceded that Candela did not engage in any misleading conduct or fraudulent behavior, the inherently narrow scope of exceptions to statutes of limitations requires Falkenrath to demonstrate that the instant case involved exceptional circumstances to invoke equitable tolling in her favor.Read the full opinion on CourtListener →
Section 78B-2-307(3) imposes a four-year limitations period on negligent misrepresentation and tortious interference claims. It contains no statutory discovery rule, though the equitable discovery rule may toll the period.
CounselNow v. Deluxe Small Business Sales · filed 2019-12-20(3)
Because CounselNow’s tortious interference claim is subject to the same four-year statute of limitations as its negligent misrepresentation claim, see Utah Code Ann. § 78B-2-307(3), and since that statute contains no statutory discovery rule, CounselNow must rely on the equitable discovery rule.Read the full opinion on CourtListener →
Negligence and personal injury claims
Section 78B-2-307(1)(a) applies a four-year limitations period to negligence claims.
Lilley v. Chase · filed 2013-11-29(1)(a)
The final phrase of section 78B-2-307(1)(a) is a catch-all provision that includes negligence actions.Read the full opinion on CourtListener →
Section 78B-2-307(3) provides a four-year limitations period for § 1983 claims in Utah.
Loard v. Sorenson · filed 2014-04-08(3)
Utah has a four-year statute of limitations period for § 1983 claims, Utah Code § 78B-2-307(3), which accrue on the date of the constitutional violation.Read the full opinion on CourtListener →
Section 78B-2-307(3) supplies a four-year limitations period for Bivens claims arising in Utah.
Eagar v. Drake · filed 2020-04-10(3)
Because Mr. Eagar’s action arose in Utah, the four-year statute of limitations for personal injury in Utah Code § 78B-2-307(3) applies to bar any Bivens cause of action.Read the full opinion on CourtListener →
Section 78B-2-307 provides a four-year limitations period for personal injury actions.
Ratner v. SkyWest Airlines · filed 2024-05-01
Because their claims were not time-barred in Indiana, the Utah Borrowing Statute does not apply in this case, and the Ratner’s First Utah Action was governed by the four-year Utah Statute of Limitations.Read the full opinion on CourtListener →
Oral agreements
Section 78B-2-307(1)(a) sets a four-year limitations period for an action on an oral agreement.
Goldenwest Federal Credit Union v. Kenworthy · filed 2017-01-12(1)(a)
But an action on an oral agreement is subject to a four-year statute of limitations. See Utah Code Ann. § 78B-2-307(1)(a) (LexisNexis 2012); Griffin, 2014 UT App 251, ¶ 15.Read the full opinion on CourtListener →
Section 78B-2-307(1) sets a four-year limitations period for oral contract claims.
Scholzen v. Scholzen Products Company · filed 2020-12-22(1)
And no case law was cited to support the argument that the federal FLSA statute of limitation is a “different limitation . . . prescribed by statute”63 which would apply in derogation of the four- year oral contract statute of limitation in Utah Code Ann. § 78B-2-307(1). Therefore, this order will only limit the contract claims to those arising after March 2, 2016.Read the full opinion on CourtListener →
Section 78B-2-307(1)(a) sets a four-year limitations period for actions on oral agreements.
Goldenwest Federal Credit Union v. Kenworthy · filed 2017-10-13(1)(a)
But an action on an oral agreement is subject to a four-year statute of limitations.Read the full opinion on CourtListener →
An oral-contract claim filed within four years of the last charge or payment cannot be dismissed in its entirety as untimely merely because the arrangement is not an open account.
Fehr v. Stockton · filed 2018-07-06(1)(a)
But the question of whether the statute bars Fehr's claim does not, as the court determined, turn on whether Fehr's method of accounting for services performed and payments received under the contract is properly characterized as an "open account." Rather, the pertinent question is whether Fehr brought this action within four years of Fehr's last charge or receipt of the last payment.Read the full opinion on CourtListener →
Administrative proceedings
Section 78B-2-307(3)’s four-year limitation period applies only to civil actions, not administrative proceedings.
Morgan v. Department of Commerce · filed 2017-12-07(3)
Accordingly, because section 78B-2-307(3) applies only to civil actions, and because Rogers previously decided that civil statutes of limitations—and ... section 78B-2-307(3) in particular—do not apply to administrative proceedings, section 78B-2-307(3) does not apply in this case.Read the full opinion on CourtListener →
19 more cases cited this section only in passing
These cases mention the section without interpreting it (a string cite, a footnote, background). Listed so you can see the full citation record, not just the annotated rulings.
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