78B-2-111 - Failure of action -- Right to commence new action.
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 theplaintiff fails in the action or upon a cause of action otherwise than upon the merits, and the timelimited either by law or contract for commencing the action has expired, the plaintiff, or if hedies and the cause of action survives, his representatives, may commence a new action withinone year after the reversal or failure.
(2) On and after December 31, 2007, a new action may be commenced under this sectiononly once.
Renumbered and Amended by Chapter 3, 2008 General Session