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House passes long-arm jurisdiction clarification to align with modern practice

Utah House of Representatives · March 12, 2009
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Summary

The House passed SB 244 to clarify the interaction of an 1872 tolling statute with modern long-arm jurisdiction; the bill removes conflict by specifying that the long-arm statute supersedes the old tolling rule when long-arm jurisdiction applies. The measure passed 68–0 and will be returned to the Senate.

The Utah House unanimously approved Senate Bill 244, a technical clarification of jurisdictional rules that reconciles an 1872 tolling statute with more recent long-arm jurisdiction authority recognized by the U.S. Supreme Court.

Representative Hughes explained the bill’s aim: courts had in some cases relied on the old tolling statute to extend statutes of limitations when defendants left the state, but modern long-arm statutes allow courts to assert jurisdiction without suspending the limitation period. SB 244 clarifies that where long-arm jurisdiction applies, the tolling statute does not extend the limitations period. Sponsors framed the change as technical, intended to prevent misuse of the old tolling provision and avoid unjustified extensions of civil claims.

Representative Hughes also argued the clarification helps economic development by reducing litigation uncertainty for companies. The House opened voting and the clerk announced the bill passed the body, 68 yes, 0 no; it will be returned to the Senate for the President’s signature.