26-20-15 - Limitation of actions -- Civil acts antedating this section -- Civil burden of proof -- Estoppel -- Joint civil liability -- Venue.
26-20-15. Limitation of actions -- Civil acts antedating this section -- Civil burdenof proof -- Estoppel -- Joint civil liability -- Venue.
(1) An action under this chapter may not be brought after the later of:
(a) six years after the date on which the violation was committed; or
(b) three years after the date an official of the state charged with responsibility to act inthe circumstances discovers the violation, but in no event more than 10 years after the date onwhich the violation was committed.
(2) A civil action brought under this chapter may be brought for acts occurring prior tothe effective date of this section if the limitations period set forth in Subsection (1) has notlapsed.
(3) In any civil action brought under this chapter the state shall be required to prove by apreponderance of evidence, all essential elements of the cause of action including damages.
(4) Notwithstanding any other provision of law, a final judgment rendered in favor of thestate in any criminal proceeding under this chapter, whether upon a verdict after trial or upon aplea of guilty or nolo contendere, shall estop the defendant from denying the essential elementsof the offense in any civil action under this chapter which involves the same transaction.
(5) Civil liability under this chapter shall be joint and several for a violation committedby two or more persons.
(6) Any action brought by the state under this chapter shall be brought in district court inSalt Lake County or in any county where the defendant resides or does business.
Enacted by Chapter 48, 2007 General Session