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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:
(a) a physician;
(b) a surgeon;
(c) a physician assistant;
(d) a dentist;
(e) an osteopathic physician;
(f) a chiropractor;
(g) a physical therapist;
(h) a registered nurse;
(i) a clinical laboratory bioanalyst;
(j) a clinical laboratory technologist; or
(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.
Cite this article: FindLaw.com - Utah Code Title 78B. Judicial Code § 78B-2-114. Separate trial of statute of limitations issue in malpractice actions - last updated May 05, 2022 | https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-2-114/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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