Oregon Statutes - Chapter 12 - Limitations of Actions and Suits

• 12.010   Time of commencing actions.
  Actions shall only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, except where a different limitation...
• 12.020   When action deemed begun.
  (1) Except as provided in subsection (2) of this section, for the purpose of determining whether an action has been commenced within the time limited,...
• 12.030   [Repealed by 1973 c.731 §2]
• 12.040   Limitations of suits generally; land patent suits; defense of possession by equitable title; suit on new promise, fraud or mistake.
  (1) A suit shall only be commenced within the time limited to commence an action as provided in this chapter; and a suit for the...
• 12.050   Action to recover real property.
  An action for the recovery of real property, or for the recovery of the possession thereof, shall be commenced within 10 years. No action shall...
• 12.060   Suit or action on land contracts; time when they cease to affect the property.
  (1) Unless suit or action to enforce a contract for the sale of real property is instituted in the county in which the real property...
• 12.070   Action on judgment, decree or sealed instrument.
  (1) An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States;...
• 12.080   Action on certain contracts or liabilities.
  (1) An action upon a contract or liability, express or implied, excepting those mentioned in ORS 12.070, 12.110 and 12.135 and except as otherwise provided...
• 12.085   Action against garnishee.
  (1) Except as provided in subsection (2) of this section, proceedings against a garnishee under ORS 18.775 to 18.782 must be commenced within one year...
• 12.090   Accounts; accrual of cause of action.
  In an action to recover a balance due upon an account, the cause of action shall be deemed to have accrued from the time of...
• 12.100   Action on official act or penalty.
  (1) An action against a sheriff or constable upon a liability incurred by the doing of an act in an official capacity and in virtue...
• 12.110   Actions for certain injuries to person not arising on contract; action for overtime or premium pay; action for professional malpractice; effect of fraud or deceit; action for injuries to person arising from nuclear incident.
  (1) An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not...
• 12.115   Action for negligent injury to person or property.
  (1) In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date...
• 12.117   Actions based on child abuse.
  (1) Notwithstanding ORS 12.110, 12.115 or 12.160, an action based on conduct that constitutes child abuse or conduct knowingly allowing, permitting or encouraging child abuse...
• 12.120   Action on escape; action for defamation.
  (1) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process; or (2) An action...
• 12.125   Action arising under rental agreement.
  An action arising under a rental agreement or ORS chapter 90 shall be commenced within one year. [1973 c.559 §39]
• 12.130   Action for penalty.
  An action upon a statute for a penalty given in whole or in part to the person who will prosecute for the same, shall be...
• 12.133   [1983 c.589 §2; repealed by 1999 c.130 §1]
• 12.135   Action for damages from construction, alteration or repair of improvement to real property; “substantial completion” defined; application.
  (1) An action against a person, whether in contract, tort or otherwise, arising from such person having performed the construction, alteration or repair of any...
• 12.137   Action for loss of or damage to property arising from nuclear incident.
  (1) An action, arising from a nuclear incident that involves the release of radioactive material, excluding releases from acts of war, that causes loss of...
• 12.140   Actions not otherwise provided for.
  An action for any cause not otherwise provided for shall be commenced within 10 years.
• 12.150   Suspension of running of statute by absence or concealment.
  If, when a cause of action accrues against any person, the person is out of the state and service cannot be made within the state...
• 12.155   Effect of notice of advance payment on running of period of limitation.
  (1) If the person who makes an advance payment referred to in ORS 31.560 or 31.565 gives to each person entitled to recover damages for...
• 12.160   Suspension for minors and persons who are insane.
  (1) Subject to subsection (2) of this section, if a person is entitled to bring an action that is subject to the statutes of limitation...
• 12.170   Disability must exist when right of action accrues.
  No person shall make use of a disability unless it existed when the right of action of the person accrued.
• 12.180   Coexisting disabilities must all be removed.
  When two or more disabilities coexist at the time the right of action accrues, the limitation shall not attach until all are removed.
• 12.190   Effect of death on limitations.
  (1) If a person entitled to bring an action dies before the expiration of the time limited for its commencement, an action may be commenced...
• 12.195   Effect of attorney death on limitations.
  Notwithstanding the time established by statute for the commencement of an action, a person must commence the action within 180 days after the death of...
• 12.200   Suspension by war as to alien.
  When a person is an alien subject or citizen of a country at war with the United States, the time of the continuance of the...
• 12.210   Suspension by injunction or prohibition of statute.
  When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall...
• 12.220   Commencement of new action after involuntary dismissal.
  (1) Notwithstanding ORS 12.020, if an action is filed with a court within the time allowed by statute, and the action is involuntarily dismissed without...
• 12.230   Acknowledgment or promise taking contract case out of statute; effect of payment.
  No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this...
• 12.240   Effect of payment after obligation becomes due.
  Whenever any payment of principal or interest is made after it has become due, upon an existing contract, whether it is a bill of exchange,...
• 12.250   Actions by state, county or public corporations.
  Unless otherwise made applicable thereto, the limitations prescribed in this chapter shall not apply to actions brought in the name of the state, or any...
• 12.260   [Repealed by 1987 c.536 §9]
• 12.270   Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date.
  On September 13, 1975, any proceeding that establishes or alters the boundaries of a governmental subdivision previously or hereafter initiated and purported to be effected...
• 12.272   Action based on pesticide application.
  (1) Notwithstanding any other provision of this chapter, no action against a landowner, person for whom the pesticide was applied or pesticide operator arising out...
• 12.274   Action against trustee of express trust.
  Notwithstanding any other provision of this chapter, an action against the trustee of an express trust, whether in contract, tort or otherwise, arising from any...
• 12.276   Action for death, injury or damage resulting from breast implants.
  (1) Notwithstanding ORS 12.110 (1) or 30.020, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a...
• 12.278   Action against manufacturer of certain pickup trucks.
  (1) A civil action against a manufacturer of pickup trucks for injury or damage resulting from a fire caused by rupture of a sidesaddle gas...
• 12.280   Action based on practice of land surveying.
  Notwithstanding ORS 12.135 (1) or any other statute of limitation, an action against a person for the practice of land surveying, as defined in ORS...
• 12.282   Action against manufacturer of extendable equipment.
  (1) A civil action against a manufacturer of extendable equipment for injury or other damage arising out of contact with power lines, including any product...
• 12.410   Definitions for ORS 12.410 to 12.480.
  As used in ORS 12.410 to 12.480: (1) “Claim” means a right of action that may be asserted in a civil action or proceeding and...
• 12.420   Purpose.
  ORS 12.410 to 12.480 shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of...
• 12.430   Claims based on law of other states; limitation period.
  (1) Except as provided by ORS 12.450, if a claim is substantively based: (a) Upon the law of one other state, the limitation period of...
• 12.440   Application of statutes and rules governing conflict of laws.
  If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other...
• 12.450   When limitation period of another state not applicable.
  If the court determines that the limitation period of another state applicable under ORS 12.430 and 12.440 is substantially different from the limitation period of...
• 12.460   Claims to which statutes apply.
  ORS 12.410 to 12.480 apply to claims: (1) Accruing after January 1, 1988; or (2) Asserted in a civil action or proceeding more than one...
• 12.470   Severability.
  If any provision of ORS 12.410 to 12.480 or the application thereof to any person or circumstance is held invalid, the invalidity does not affect...
• 12.480   Short title.
  ORS 12.410 to 12.480 may be cited as the Uniform Conflict of Laws-Limitations Act. [1987 c.536 §7] Note: See note under 12.410. _______________

Last modified: August 7, 2008