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.
Oregon Revised Statutes
Chapter 12 — Limitations of Actions and Suits
52 sections12.020 When action deemed begun
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 t…
12.030 [Repealed by 1973 c.731 §2]repealed
No operative statutory text appears at this designation in the selected edition.
12.040 Limitations of suits generally; land patent suits; defense of possession by equitable title; suit on new promise, fraud or mistake
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. No suit shall be maintained to set aside, cancel, ann…
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
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 thereaft…
12.070 Action on judgment, decree or sealed instrument
An action upon a judgment or decree of any court of the United States, or of any state or territory within the United States; or An action upon a sealed instrument entered into before August 13, 1965, shall be commenced within 10 years.
12.080 Action on certain contracts or liabilities
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; An action upon a liability created by statute, other than a penalty or forfeiture, excepting those mentioned in ORS 12.110; An action for waste or trespass upon or for interference with or i…
12.085 Action against garnishee
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. If the writ of garnishment is delivered to a person in the person’s capacity as a personal representative of an estate, proceedings against the garnishee under ORS 1…
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.
12.100 Action on official act or penalty
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. An …
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
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…
12.115 Action for negligent injury to person or property
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. 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.
12.117 Actions based on child abuse
Notwithstanding ORS 12.110, 12.115 or 12.160: An action based on conduct that constitutes child abuse or conduct allowing, permitting or encouraging child abuse that occurs while the person is under 18 years of age must be commenced before the person attains 40 years of age, or if the person has not discovered the causal connection between the injury and th…
12.118 Action based on conduct that constitutes sexual assault of adult or conduct allowing, permitting or encouraging sexual assault of adult
Notwithstanding ORS 12.110, 12.115 or 12.160, an action based on conduct that constitutes sexual assault or conduct allowing, permitting or encouraging sexual assault that occurs when a person is 18 years of age or older may be commenced at any time. As used in this section, “sexual assault” includes, but is not limited to, any of the following: Rape, whic…
12.120 Action on escape; action for defamation
An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process; or An action for libel or slander shall be commenced within one year.
12.125 Action arising under rental agreement
An action arising under a rental agreement or ORS chapter 90 shall be commenced within one year.
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 …
12.132 Action arising out of real estate appraisal activity or appraisal review
Except as provided in subsection (2) of this section, an action arising out of real estate appraisal activity, as defined in ORS 674.010, or appraisal review, as defined in ORS 674.200, must be commenced before the earlier of: Two years after the date on which the person commencing the action knew or should have known the facts on which the action is based;…
12.133 [1983 c.589 §2; repealed by 1999 c.130 §1]repealed
No operative statutory text appears at this designation in the selected edition.
12.135 Action for damages from construction, alteration or repair of real property
As used in this section: “Association of unit owners” has the meaning given that term in ORS 100.005. “Homeowners association” has the meaning given that term in ORS 94.550. “Large commercial structure,” “residential structure” and “small commercial structure” have the meanings given those terms in ORS 701.005. “Public body” has the meaning given that te…
12.137 Action for loss of or damage to property arising from nuclear incident
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: Within two years from the time an injured person discovers or reasonably could have discovered the injury to property and the causal conne…
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; …
12.155 Effect of notice of advance payment on running of period of limitation
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 dama…
12.160 Suspension for minors and persons who have disabling mental condition
Subject to subsection (2) of this section, if a person is entitled to bring an action mentioned in 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 y…
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
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. If a person against whom an action may be brought dies before the expiration of the time lim…
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: The attorney has agreed to represent the person in the action; The attorney-…
12.200 Suspension by war as to noncitizen
When a person is a noncitizen and a subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action.
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
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 allow…
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]repealed
No operative statutory text appears at this designation in the selected edition.
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 a…
12.272 Action based on pesticide application
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 p…
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…
12.276 Action for death, injury or damage resulting from breast implants
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: The death or specific injury, dis…
12.278 Action against manufacturer of certain pickup trucks
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 …
12.280 Action based on practice of land surveying
Notwithstanding ORS 12.135 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 b…
12.282 Action against manufacturer of extendable equipment
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 extendabl…
12.410 Definitions for ORS 12.410 to 12.480
As used in ORS 12.410 to 12.480: “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. “State” means a state, commonwealth, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a foreign country or a political subdivision of…
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. Note: See note under 12.410.
12.430 Claims based on law of other states; limitation period
Except as provided by ORS 12.450, if a claim is substantively based: Upon the law of one other state, the limitation period of that state applies; or 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. The limitation period of this state applies to all other claim…
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 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. 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. Note: See note under 12.41…
12.460 Claims to which statutes apply
ORS 12.410 to 12.480 apply to claims: Accruing after January 1, 1988; or 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. 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. Note: See note…
12.480 Short title
ORS 12.410 to 12.480 may be cited as the Uniform Conflict of Laws-Limitations Act. Note: See note under 12.410. _______________