2007 Oregon Code - Chapter 12 :: TITLE 2
TITLE 2
PROCEDURE IN
CIVIL PROCEEDINGS
Chapter 12. Limitations of Actions and Suits
14. Jurisdiction; Venue; Change of Judge
17. Compromise; Settlement
18. Judgments
19. Appeals
20. Attorney Fees; Costs and Disbursements
21. Fees Generally
22. Bonds and Other Security Deposits
24. Enforcement and Recognition of Foreign
Judgments; Foreign-Money Claims
25. Support Enforcement
_______________
Chapter 12 Limitations
of Actions and Suits
2007 EDITION
LIMITATIONS OF ACTIONS AND SUITS
PROCEDURE IN CIVIL PROCEEDINGS
GENERAL PROVISIONS
12.010 Time
of commencing actions
12.020 When
action deemed begun
12.040 Limitations
of suits generally; land patent suits; defense of possession by equitable
title; suit on new promise, fraud or mistake
12.050 Action
to recover real property
12.060 Suit
or action on land contracts; time when they cease to affect the property
12.070 Action
on judgment, decree or sealed instrument
12.080 Action
on certain contracts or liabilities
12.085 Action
against garnishee
12.090 Accounts;
accrual of cause of action
12.100 Action
on official act or penalty
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
12.115 Action
for negligent injury to person or property
12.117 Actions
based on child abuse
12.120 Action
on escape; action for defamation
12.125 Action
arising under rental agreement
12.130 Action
for penalty
12.135 Action
for damages from construction, alteration or repair of improvement to real
property; substantial completion defined; application
12.137 Action
for loss of or damage to property arising from nuclear incident
12.140 Actions
not otherwise provided for
12.150 Suspension
of running of statute by absence or concealment
12.155 Effect
of notice of advance payment on running of period of limitation
12.160 Suspension
for minors and persons who are insane
12.170 Disability
must exist when right of action accrues
12.180 Coexisting
disabilities must all be removed
12.190 Effect
of death on limitations
12.195 Effect
of attorney death on limitations
12.200 Suspension
by war as to alien
12.210 Suspension
by injunction or prohibition of statute
12.220 Commencement
of new action after involuntary dismissal
12.230 Acknowledgment
or promise taking contract case out of statute; effect of payment
12.240 Effect
of payment after obligation becomes due
12.250 Actions
by state, county or public corporations
12.270 Conclusive
presumption of validity of governmental subdivision boundary proceedings one
year after effective date
12.272 Action
based on pesticide application
12.274 Action
against trustee of express trust
12.276 Action
for death, injury or damage resulting from breast implants
12.278 Action
against manufacturer of certain pickup trucks
12.280 Action
based on practice of land surveying
12.282 Action
against manufacturer of extendable equipment
UNIFORM CONFLICT OF LAWS-LIMITATIONS ACT
12.410 Definitions
for ORS 12.410 to 12.480
12.420 Purpose
12.430 Claims
based on law of other states; limitation period
12.440 Application
of statutes and rules governing conflict of laws
12.450 When
limitation period of another state not applicable
12.460 Claims
to which statutes apply
12.470 Severability
12.480 Short
title
GENERAL PROVISIONS
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 is prescribed by statute. [Amended by 1979 c.284 §43]
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, an
action shall be deemed commenced as to each defendant, when the complaint is
filed, and the summons served on the defendant, or on a codefendant who is a
joint contractor, or otherwise united in interest with the defendant.
(2) If the first publication of summons or
other service of summons in an action occurs before the expiration of 60 days
after the date on which the complaint in the action was filed, the action
against each person of whom the court by such service has acquired jurisdiction
shall be deemed to have been commenced upon the date on which the complaint in
the action was filed. [Amended by 1973 c.731 §1]
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 determination of any right or claim to or interest in real property
shall be deemed within the limitations provided for actions for the recovery of
the possession of real property.
(2) No suit shall be maintained to set
aside, cancel, annul or otherwise affect a patent to lands issued by the United
States or this state, or to compel any person claiming or holding under such
patent to convey the lands described therein, or any portion of them, to the
plaintiff in such suit, or to hold the same in trust for, or to the use and
benefit of such plaintiff, or on account of any matter, thing or transaction
which was had, done, suffered or transpired prior to the date of such patent,
unless such suit is commenced within 10 years from the date of such patent.
(3) This section shall not bar an
equitable owner in possession of real property from defending possession by
means of the equitable title; and in any action for the recovery of any real
property, or the possession thereof, by any person or persons claiming or
holding the legal title to the same under such patent against any person or
persons in possession of such real property under any equitable title, or
having in equity the right to the possession thereof as against the plaintiff
in such action, such equitable right of possession may be pleaded by answer in
such action, or set up by bill in equity to enjoin such action or execution
upon any judgment rendered therein; and the right of such equitable owner to
defend possession in such action, or by bill for injunction, shall not be
barred by lapse of time while an action for the possession of such real
property is not barred.
(4) In a suit upon a new promise, fraud or
mistake, the limitation shall only be deemed to commence from the making of the
new promise or the discovery of the fraud or mistake.
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 be
maintained for such recovery unless it appear that the plaintiff, an ancestor,
predecessor, or grantor was seized or possessed of the premises in question
within 10 years before the commencement of the action.
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 is situated within five years from the date of maturity of the
final payment provided for in the contract, or from the date to which the final
payment shall have been extended by agreement of record, the contract shall not
thereafter be a lien, encumbrance, or cloud on the title of the property.
(2) When the purchase price fixed in the
contract is payable in installments, the contract shall be deemed to mature on
the date upon which the final payment would be payable if the minimum amount of
the principal due on each installment had been paid as provided in the terms of
the contract.
12.070
Action on judgment, decree or sealed instrument. (1) An action upon a judgment or decree of
any court of the
(2) An action upon a sealed instrument
entered into before August 13, 1965,
shall be
commenced within 10 years. [Amended by 1965 c.502 §3]
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 in ORS 72.7250;
(2) An action upon a liability created by
statute, other than a penalty or forfeiture, excepting those mentioned in ORS
12.110;
(3) An action for waste or trespass upon
or for interference with or injury to any interest of another in real property,
excepting those mentioned in ORS 12.050, 12.060, 12.135, 12.137 and 273.241; or
(4) An action for taking, detaining or
injuring personal property, including an action for the specific recovery
thereof, excepting an action mentioned in ORS 12.137;
shall be
commenced within six years. [Amended by 1957 c.374 §3; 1961 c.726 §396; 1973
c.363 §1; 1983 c.437 §2; 1987 c.705 §3; 1991 c.968 §2]
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 after
the delivery of the writ of garnishment.
(2) If the writ of garnishment is
delivered to a person in the persons capacity as a personal representative of
an estate, proceedings against the garnishee under ORS 18.775 to 18.782 must be
commenced within one year after the entry of a judgment of final distribution
for the estate. [1977 c.786 §3; 1981 c.883 §29; 2001 c.249 §66; 2003 c.85 §1;
2003 c.576 §279a]
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 the last charge or
payment proved in the account. Interest, financing and carrying charges shall
not be deemed such a charge. [Amended by 1973 c.204 §1]
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 of the office of
the sheriff or constable; or by the omission of an official duty, including the
nonpayment of money collected upon an execution, but not including an action
for an escape, shall be commenced within three years.
(2) An action upon a statute for penalty
or forfeiture, where the action is given to the party aggrieved, or to such
party and the state, excepting those actions mentioned in ORS 12.110, shall be
commenced within three years. [Amended by 1957 c.374 §4; 1965 c.221 §10]
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 especially enumerated in this chapter, shall be commenced
within two years; provided, that in an action at law based upon fraud or
deceit, the limitation shall be deemed to commence only from the discovery of
the fraud or deceit.
(2) An action upon a statute for a
forfeiture or penalty to the state or county shall be commenced within two
years.
(3) An action for overtime or premium pay
or for penalties or liquidated damages for failure to pay overtime or premium
pay shall be commenced within two years.
(4) An action to recover damages for
injuries to the person arising from any medical, surgical or dental treatment,
omission or operation shall be commenced within two years from the date when
the injury is first discovered or in the exercise of reasonable care should
have been discovered. However, notwithstanding the provisions of ORS 12.160,
every such action shall be commenced within five years from the date of the
treatment, omission or operation upon which the action is based or, if there
has been no action commenced within five years because of fraud, deceit or
misleading representation, then within two years from the date such fraud,
deceit or misleading representation is discovered or in the exercise of
reasonable care should have been discovered.
(5) An action, arising from a nuclear
incident, as defined in 42 U.S.C. 2014(q), that involves the release of
radioactive material, excluding releases from acts of war, that causes bodily
injury, sickness or death, shall be commenced:
(a) Within two years from the time an
injured person discovers or reasonably could have discovered the injury and the
causal connection between the injury and the nuclear incident; or
(b) Within two years from any substantial
change in the degree of injury to the person arising out of a nuclear incident.
[Amended by 1957 c.374 §1; 1967 c.406 §1; 1969 c.642 §1; 1971 c.473 §1; 1975
c.796 §10a; 1981 c.149 §1; 1987 c.705 §4]
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 of the act or omission complained of.
(2) Nothing in this section shall be
construed to extend any period of limitation otherwise established by law,
including but not limited to the limitations established by ORS 12.110. [1967
c.406 §2]
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 accruing while the person who is entitled to bring the
action is under 18 years of age shall be commenced not more than six years
after that person attains 18 years of age, or if the injured person has not
discovered the injury or the causal connection between the injury and the child
abuse, nor in the exercise of reasonable care should have discovered the injury
or the causal connection between the injury and the child abuse, not more than
three years from the date the injured person discovers or in the exercise of
reasonable care should have discovered the injury or the causal connection
between the child abuse and the injury, whichever period is longer.
(2) As used in subsection (1) of this section,
child abuse means any of the following:
(a) Intentional conduct by an adult that
results in:
(A) Any physical injury to a child; or
(B) Any mental injury to a child which
results in observable and substantial impairment of the childs mental or psychological
ability to function caused by cruelty to the child, with due regard to the
culture of the child;
(b) Rape of a child, which includes but is
not limited to rape, sodomy, unlawful sexual penetration and incest, as those
acts are defined in ORS chapter 163;
(c) Sexual abuse, as defined in ORS
chapter 163, when the victim is a child; or
(d) Sexual exploitation of a child,
including but not limited to:
(A) Conduct constituting violation of ORS
163.435 and any other conduct which allows, employs, authorizes, permits,
induces or encourages a child to engage in the performing for people to observe
or the photographing, filming, tape recording or other exhibition which, in
whole or in part, depicts sexual conduct or contact; and
(B) Allowing, permitting, encouraging or
hiring a child to engage in prostitution, as defined in ORS chapter 167.
(3) Nothing in this section creates a new
cause of action or enlarges any existing cause of action. [1989 c.643 §§2,3;
1991 c.386 §4; 1991 c.932 §1; 1993 c.18 §5; 1993 c.296 §1; 1993 c.622 §2]
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 for libel or slander
shall be
commenced within one year. [Amended by 1957 c.374 §2]
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 commenced within one year after the
commission of the offense; and if the action is not commenced within one year
by a private party, it may be commenced within two years thereafter, in behalf
of the state, by the district attorney of the county where the offense was
committed or is triable.
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 improvement to real property or the
supervision or inspection thereof, or from such person having furnished the
design, planning, surveying, architectural or engineering services for such
improvement, shall be commenced within the applicable period of limitation otherwise
established by law; but in any event such action shall be commenced within 10
years from substantial completion or abandonment of such construction,
alteration or repair of the improvement to real property.
(2) Notwithstanding subsection (1) of this
section, an action against a person for the practice of architecture, as
defined in ORS 671.010, the practice of landscape architecture, as defined in
ORS 671.310, or the practice of engineering, as defined in ORS 672.005, to
recover damages for injury to a person, property or to any interest in
property, including damages for delay or economic loss, regardless of legal
theory, arising from the construction, alteration or repair of any improvement
to real property shall be commenced within two years from the date the injury
or damage is first discovered or in the exercise of reasonable care should have
been discovered; but in any event the action shall be commenced within 10 years
from substantial completion or abandonment of the construction, alteration or
repair.
(3) For purposes of this section, substantial
completion means the date when the contractee accepts in writing the
construction, alteration or repair of the improvement to real property or any
designated portion thereof as having reached that state of completion when it
may be used or occupied for its intended purpose or, if there is no such
written acceptance, the date of acceptance of the completed construction,
alteration or repair of such improvement by the contractee.
(4) For the purposes of this section, an
improvement to real property shall be considered abandoned on the same date
that the improvement is considered abandoned under ORS 87.045.
(5) This section:
(a) Applies, in addition to other actions,
to actions brought in the name of the state or any county or other public
corporation therein, or for its benefit; and
(b) Does not apply to actions against any
person in actual possession and control of the improvement, as owner, tenant or
otherwise, at the time such cause of action accrues. [1971 c.664 §§2,3,4; 1983
c.437 §1; 1991 c.968 §1]
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 or damage to property, or loss of use of
property shall be commenced:
(a) Within two years from the time an
injured person discovers or reasonably could have discovered the injury to
property and the causal connection between the injury and the nuclear incident;
or
(b) Within two years from any substantial
change in the degree of injury to the property arising out of a nuclear
incident.
(2) As used in this section, nuclear
incident has the meaning given that term in 42 U.S.C. 2014(q).
(3) In no event shall any action under
subsection (1) of this section or ORS 12.110 (5) be commenced more than 30
years from the date of the nuclear incident. [1987 c.705 §§1,2]
Note: 12.137 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 12 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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 or the person is concealed therein, such action may be commenced
within the applicable period of limitation in this chapter after the return of
the person into the state, or after the termination of the concealment of the
person; and if, after a cause of action has accrued against a person, the
person shall depart from and reside out of this state, or if the person is
concealed therein, the time of the absence or concealment of the person shall
not be deemed or taken as any part of the time limited for the commencement of
such action. [Amended by 1973 c.206 §1; 1987 c.158 §4]
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 the death, injury or destruction, not later than 30 days after the
date the first of such advance payments was made, written notice of the date of
expiration of the period of limitation for the commencement of an action for
damages set by the applicable statute of limitations, then the making of any
such advance payment does not suspend the running of such period of limitation.
The notice required by this subsection shall be in such form as the Director of
the Department of Consumer and Business Services prescribes.
(2) If the notice required by subsection
(1) of this section is not given, the time between the date the first advance
payment was made and the date a notice is actually given of the date of
expiration of the period of limitation for the commencement of an action for
damages set by the applicable statute of limitations is not part of the period
limited for commencement of the action by the statute of limitations. [1971
c.331 §5; 1981 c.892 §85b]
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 prescribed by ORS 12.010 to 12.050, 12.070 to 12.250 or
12.276, and at the time the cause of action accrues the person is a child who
is younger than 18 years of age, the statute of limitation for commencing the
action is tolled for so long as the person is younger than 18 years of age.
(2) The time for commencing an action may
not be extended under subsection (1) of this section for more than five years,
or for more than one year after the person attains 18 years of age, whichever
occurs first.
(3) Subject to subsection (4) of this
section, if a person is entitled to bring an action that is subject to the
statutes of limitation prescribed by ORS 12.010 to 12.050, 12.070 to 12.250 or
12.276, and at the time the cause of action accrues the person is insane, the
statute of limitation for commencing the action is tolled for so long as the
person is insane.
(4) The time for commencing an action may
not be extended under subsection (3) of this section for more than five years,
or for more than one year after the person is no longer insane, whichever
occurs first.
(5) If a childs cause of action is tolled
under subsection (1) of this section, a cause of action for recovery of damages
for medical expenses incurred by a parent, guardian or conservator of the child
is tolled for the same period of time as the childs cause of action if the
medical expenses resulted from the same wrongful conduct that is the basis of
the childs cause of action. [Amended by 1973 c.827 §4; 1979 c.246 §1; 1983
c.762 §9; 1997 c.339 §1; 2007 c.285 §1]
Note: Section 2, chapter 285, Oregon Laws 2007,
provides:
Sec.
2. The amendments to ORS
12.160 by section 1 of this 2007 Act apply only to causes of action arising on
or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.285 §2]
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 by the personal
representative of the person after the expiration of that time, and within one
year after the death of the person.
(2) If a person against whom an action may
be brought dies before the expiration of the time limited for its commencement,
an action may be commenced against the personal representative of the person
after the expiration of that time, and within one year after the death of the
person. [Amended by 1969 c.591 §268]
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 an attorney for the person, or within the time established by statute for
the commencement of the action, whichever is later, if:
(1) The attorney has agreed to represent
the person in the action;
(2) The attorney-client relationship
between the person and the attorney is confirmed in a writing prepared by the
attorney or at the direction of the attorney; and
(3) The attorney dies before the
expiration of the time allowed by statute for commencement of the action. [2005
c.457 §2]
Note: 12.195 was added to and made a part of ORS
chapter 12 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
12.200
Suspension by war as to alien.
When a person is an alien subject or citizen of a country at war with 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 not be a part of the time limited for the
commencement of the action.
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 prejudice on any ground not adjudicating the
merits of the action, or is involuntarily dismissed with prejudice on the
ground that the plaintiff failed to properly effect service of summons within
the time allowed by ORS 12.020 and the statute of limitations for the action expired,
the plaintiff may commence a new action based on the same claim or claims
against a defendant in the original action if the defendant had actual notice
of the filing of the original action not later than 60 days after the action
was filed.
(2) If, pursuant to subsection (1) of this
section, a new action is commenced in the manner provided by ORS 12.020 not
later than 180 days after the judgment dismissing the original action is
entered in the register of the court, the new action is not subject to dismissal
by reason of not having been commenced within the time allowed by statute.
(3) A new action may be commenced only
once under this section for the same claim or claims.
(4) All defenses that would have been
available if the original action had been commenced within the time otherwise
allowed by statute shall be available in a new action commenced under this
section. [Amended by 1961 c.726 §397; 2003 c.296 §1]
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 chapter, unless the same
is contained in some writing, signed by the party to be charged thereby; but
this section shall not alter the effect of any payment of principal or
interest.
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, promissory note, bond, or other evidence of
indebtedness, the limitation shall commence from the time the last payment was
made.
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 county, or other public corporation therein,
or for its benefit.
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 in accordance with applicable legal requirements shall
be conclusively presumed valid for all purposes one year after the purported
effective date of the action. No direct or collateral attack on the action may
thereafter be commenced. This statute of limitations includes but is not
limited to the following proceedings:
(1) Formations and change of organizations
under ORS 198.705 to 198.955.
(2) Boundary changes under ORS 199.410 to
199.519.
(3) Consolidations under ORS 199.705 to
199.795.
(4) Incorporations under ORS 221.010 to
221.090.
(5) Annexations under ORS 222.111 to
222.180, 222.750 and 222.840 to 222.915.
(6) Consolidations under ORS 222.210 to
222.310.
(7) Withdrawals and transfers of territory
under ORS 222.510 to 222.580.
(8) Mergers under ORS 222.610 to 222.710.
(9) Formations and changes under ORS
chapter 261.
(10) Alterations, changes, mergers and
consolidations under ORS 330.080 to 330.123, 330.505 to 330.780 (1989 Edition)
and 335.490 to 335.505.
(11) Alterations, changes, mergers and
consolidations under ORS chapter 333 commenced before July 1, 2003.
(12) Formations and boundary changes under
ORS 341.025 to 341.125 and 341.565 to 341.575.
(13) Organizations and boundary changes
under ORS 545.002 and 545.025 to 545.043, 545.051 to 545.105, 545.109, 545.123,
545.126 and 545.131.
(14) Formations and boundary alterations
under ORS 547.005 to 547.060 and 547.250 to 547.260.
(15) Formations and organizations under
ORS chapter 551. [1975 c.326 §2; 1991 c.167 §1; 1999 c.452 §29; 2003 c.226 §20;
2005 c.209 §1]
Note: 12.270 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 12 by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
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 of the use or application of any pesticide shall be
commenced unless the person commencing the action, within the time specified by
ORS 634.172, files the report required by ORS 634.172 and mails or personally
delivers true copies of that report to:
(a) The landowner or pesticide operator
who is allegedly responsible for the loss; and
(b) The person for whom the pesticide was
applied if that person is not the person commencing the action.
(2) For the purposes of this section:
(a) Landowner includes any person, firm,
corporation, the state, any county within the state, or municipality, shown by
records of the county to be the owner of land or having such land under
contract for purchase.
(b) Pesticide operator has the meaning
given in ORS 634.006. [1991 c.351 §3; 1995 c.96 §1]
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 act or omission of the trustee constituting a breach of duty
shall be commenced within six years from the date the act or omission is
discovered or in the exercise of reasonable diligence should have been
discovered. However, no such action shall be commenced more than 10 years from
the date of the act or omission complained of, or two years from the termination
of any fiduciary account established under the trust, whichever date is later. [1991
c.968 §4]
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 component must be commenced not
later than two years after the date on which the plaintiff first discovered, or
in the exercise of reasonable care should have discovered:
(a) The death or specific injury, disease
or damage for which the plaintiff seeks recovery;
(b) The tortious nature of the act or
omission of the defendant that gives rise to a claim for relief against the
defendant; and
(c) All other elements required to establish
plaintiffs claim for relief.
(2) Except as provided in subsections (3)
and (4) of this section, an action for death, injury or damage resulting from
breast implants containing silicone, silica or silicon as a component is not
subject to ORS 12.110 (1), 12.115 or any other statute of repose in Oregon
Revised Statutes.
(3) An action for death, injury or damage
against a physician licensed pursuant to ORS chapter 677, or against a health
care facility licensed under ORS chapter 442, resulting from breast implants
containing silicone, silica or silicon as a component, remains subject to the
limitations imposed by ORS 12.110 (4), 12.115, 30.020 and 30.075.
(4) An action for death, injury or damage
against a person that supplied component parts or raw materials to
manufacturers of breast implants containing silicone, silica or silicon as a
component remains subject to the limitations imposed by ORS 12.110 (1), 12.115,
30.020 and 30.075 if:
(a) The person did not manufacture breast
implants containing silicone, silica or silicon as a component at any time; and
(b) The person was not owned by and did
not own a business that manufactured breast implants containing silicone,
silica or silicon as a component at any time.
(5) For the purposes of subsection (1) of
this section, an action for wrongful death must be commenced not later than two
years after the earliest date that the discoveries required by subsection (1)
of this section are made by any of the following persons:
(a) The decedent;
(b) The personal representative for the
decedent; or
(c) Any person for whose benefit the
action could be brought. [1993 c.259 §2]
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 tank in a vehicle collision, including any product liability
action under ORS 30.900 to 30.920 and any action based on negligence, must be
commenced not later than two years after the injury or damage occurs. A civil
action against a manufacturer of pickup trucks for death resulting from a fire
caused by rupture of a sidesaddle gas tank in a vehicle collision, including
any product liability action under ORS 30.900 to 30.920 and any action based on
negligence, must be commenced not later than three years after the death.
(2) A civil action against a manufacturer
of pickup trucks for death, injury or damage resulting from a fire caused by
rupture of a sidesaddle gas tank in a vehicle collision is not subject to ORS
12.115, 30.020, 30.905 (1) or any other statute of repose in Oregon Revised
Statutes.
(3) For the purposes of this section, sidesaddle
gas tank means a gas tank mounted outside of the side rails of the frame of a
pickup truck. [1995 c.55 §2]
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
672.005, to recover damages for injury to a person, property or to any interest
in property, including damages for delay or economic loss, regardless of legal
theory, arising out of the survey of real property must be commenced within two
years after the date the injury or damage is first discovered or in the
exercise of reasonable care should have been discovered. In no event may an
action arising out of a survey be commenced more than 10 years after the date
on which any map prepared by the land surveyor is filed under the provisions of
ORS 209.250, or, if no map is filed, more than 10 years after the completion of
work on the survey. [1995 c.310 §2]
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 liability action under ORS 30.900 to 30.920
and any action based on negligence, must be commenced not later than two years
after the injury or damage occurs. A civil action against a manufacturer of
extendable equipment for death arising out of contact with power lines,
including any product liability action under ORS 30.900 to 30.920 and any
action based on negligence, must be commenced not later than three years after
the death.
(2) A civil action against a manufacturer
of extendable equipment for injury, death or other damage arising out of
contact with power lines is not subject to ORS 12.115, 30.020 or 30.905 (1) or
any other statute of repose in Oregon Revised Statutes.
(3) For purposes of this section, extendable
equipment means cranes, truck-mounted cranes, truck-mounted booms, and any
self-powered vehicle with booms or other extensions that can reach power lines
from the ground. [1999 c.514 §1]
Note: 12.282 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 12 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
UNIFORM
CONFLICT OF LAWS-LIMITATIONS ACT
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 includes a right of action
created by statute.
(2) State means a state, commonwealth,
territory or possession of the
Note: 12.410 to 12.480 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter 12
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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 ORS 12.410 to 12.480 among
states enacting it. [1987 c.536 §6]
Note: See note under 12.410.
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 that state applies; or
(b) Upon the law of more than one state,
the limitation period of one of those states, chosen by the law of conflict of
laws of this state, applies.
(2) The limitation period of this state
applies to all other claims. [1987 c.536 §2]
Note: See note under 12.410.
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 states
relevant statutes and other rules of law governing tolling and accrual apply in
computing the limitation period, but its statutes and other rules of law
governing conflict of laws do not apply. [1987 c.536 §3]
Note: See note under 12.410.
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 this state and has not afforded a fair
opportunity to sue upon, or imposes an unfair burden in defending against the
claim, the limitation period of this state applies. [1987 c.536 §4]
Note: See note under 12.410.
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 year after January 1, 1988, but it does not revive a
claim barred before January 1, 1988. [1987 c.536 §5]
Note: See note under 12.410.
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 other provisions
or applications of ORS 12.410 to 12.480 which can be given effect without the
invalid provision or application, and to this end the provisions of ORS 12.410
to 12.480 are severable. [1987 c.536 §8]
Note: See note under 12.410.
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.
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