ORS Chapter 12

TITLE 2

PROCEDURE INCIVIL PROCEEDINGS

Chapter 12. Limitationsof Actions and Suits

14. Jurisdiction;Venue; Change of Judge

17. Compromise;Settlement

18. Judgments

19. Appeals

20. AttorneyFees; Costs and Disbursements

21. FeesGenerally

22. Bondsand Other Security Deposits

24. Enforcementand Recognition of Foreign Judgments; Foreign-Money Claims

25. SupportEnforcement _______________

Chapter 12 — Limitationsof Actions and Suits

2009 EDITION

LIMITATIONSOF ACTIONS AND SUITS

PROCEDUREIN CIVIL PROCEEDINGS

GENERALPROVISIONS

12.010 Timeof commencing actions

12.020 Whenaction deemed begun

12.040 Limitationsof suits generally; land patent suits; defense of possession by equitabletitle; suit on new promise, fraud or mistake

12.050 Actionto recover real property

12.060 Suitor action on land contracts; time when they cease to affect the property

12.070 Actionon judgment, decree or sealed instrument

12.080 Actionon certain contracts or liabilities

12.085 Actionagainst garnishee

12.090 Accounts;accrual of cause of action

12.100 Actionon official act or penalty

12.115 Actionfor negligent injury to person or property

12.117 Actionsbased on child abuse

12.120 Actionon escape; action for defamation

12.125 Actionarising under rental agreement

12.130 Actionfor penalty

12.135 Actionfor damages from construction, alteration or repair of improvement to realproperty; “substantial completion” defined; application

12.137 Actionfor loss of or damage to property arising from nuclear incident

12.140 Actionsnot otherwise provided for

12.150 Suspensionof running of statute by absence or concealment

12.155 Effectof notice of advance payment on running of period of limitation

12.160 Suspensionfor minors and persons who are insane

12.170 Disabilitymust exist when right of action accrues

12.180 Coexistingdisabilities must all be removed

12.190 Effectof death on limitations

12.195 Effectof attorney death on limitations

12.200 Suspensionby war as to alien

12.210 Suspensionby injunction or prohibition of statute

12.220 Commencementof new action after involuntary dismissal

12.230 Acknowledgmentor promise taking contract case out of statute; effect of payment

12.240 Effectof payment after obligation becomes due

12.250 Actionsby state, county or public corporations

12.270 Conclusivepresumption of validity of governmental subdivision boundary proceedings oneyear after effective date

12.272 Actionbased on pesticide application

12.274 Actionagainst trustee of express trust

12.276 Actionfor death, injury or damage resulting from breast implants

12.278 Actionagainst manufacturer of certain pickup trucks

12.280 Actionbased on practice of land surveying

12.282 Actionagainst manufacturer of extendable equipment

UNIFORMCONFLICT OF LAWS-LIMITATIONS ACT

12.410 Definitionsfor ORS 12.410 to 12.480

12.420 Purpose

12.430 Claimsbased on law of other states; limitation period

12.440 Applicationof statutes and rules governing conflict of laws

12.450 Whenlimitation period of another state not applicable

12.460 Claimsto which statutes apply

12.470 Severability

12.480 Shorttitle

GENERALPROVISIONS

12.010Time of commencing actions. Actions shall only be commenced within the periodsprescribed in this chapter, after the cause of action shall have accrued,except where a different limitation is prescribed by statute. [Amended by 1979c.284 §43]

12.020When action deemed begun. (1) Except as provided in subsection (2) of thissection, for the purpose of determining whether an action has been commencedwithin the time limited, an action shall be deemed commenced as to eachdefendant, when the complaint is filed, and the summons served on thedefendant, or on a codefendant who is a joint contractor, or otherwise unitedin interest with the defendant.

(2)If the first publication of summons or other service of summons in an actionoccurs before the expiration of 60 days after the date on which the complaintin the action was filed, the action against each person of whom the court by suchservice has acquired jurisdiction shall be deemed to have been commenced uponthe date on which the complaint in the action was filed. [Amended by 1973 c.731§1]

12.030 [Repealed by1973 c.731 §2]

12.040Limitations of suits generally; land patent suits; defense of possession byequitable title; suit on new promise, fraud or mistake. (1) A suitshall only be commenced within the time limited to commence an action asprovided in this chapter; and a suit for the determination of any right orclaim to or interest in real property shall be deemed within the limitationsprovided 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 apatent to lands issued by the United States or this state, or to compel anyperson claiming or holding under such patent to convey the lands describedtherein, or any portion of them, to the plaintiff in such suit, or to hold thesame in trust for, or to the use and benefit of such plaintiff, or on accountof any matter, thing or transaction which was had, done, suffered or transpiredprior to the date of such patent, unless such suit is commenced within 10 yearsfrom the date of such patent.

(3)This section shall not bar an equitable owner in possession of real propertyfrom defending possession by means of the equitable title; and in any actionfor the recovery of any real property, or the possession thereof, by any personor persons claiming or holding the legal title to the same under such patentagainst any person or persons in possession of such real property under anyequitable title, or having in equity the right to the possession thereof asagainst the plaintiff in such action, such equitable right of possession may bepleaded by answer in such action, or set up by bill in equity to enjoin suchaction or execution upon any judgment rendered therein; and the right of suchequitable 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 suchreal property is not barred.

(4)In a suit upon a new promise, fraud or mistake, the limitation shall only bedeemed to commence from the making of the new promise or the discovery of thefraud or mistake.

12.050Action to recover real property. An action for the recovery of realproperty, or for the recovery of the possession thereof, shall be commencedwithin 10 years. No action shall be maintained for such recovery unless itappear that the plaintiff, an ancestor, predecessor, or grantor was seized orpossessed of the premises in question within 10 years before the commencementof the action.

12.060Suit or action on land contracts; time when they cease to affect the property. (1) Unless suitor action to enforce a contract for the sale of real property is instituted inthe county in which the real property is situated within five years from thedate of maturity of the final payment provided for in the contract, or from thedate to which the final payment shall have been extended by agreement ofrecord, the contract shall not thereafter be a lien, encumbrance, or cloud onthe title of the property.

(2)When the purchase price fixed in the contract is payable in installments, thecontract shall be deemed to mature on the date upon which the final paymentwould be payable if the minimum amount of the principal due on each installmenthad been paid as provided in the terms of the contract.

12.070Action on judgment, decree or sealed instrument. (1) An actionupon a judgment or decree of any court of the United States, or of any state orterritory within the United States; or

(2)An action upon a sealed instrument entered into before August 13, 1965,

shallbe commenced within 10 years. [Amended by 1965 c.502 §3]

12.080Action on certain contracts or liabilities. (1) An action upon a contract orliability, express or implied, excepting those mentioned in ORS 12.070, 12.110and 12.135 and except as otherwise provided in ORS 72.7250;

(2)An action upon a liability created by statute, other than a penalty orforfeiture, excepting those mentioned in ORS 12.110;

(3)An action for waste or trespass upon or for interference with or injury to anyinterest 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 anaction for the specific recovery thereof, excepting an action mentioned in ORS12.137;

shallbe commenced within six years. [Amended by 1957 c.374 §3; 1961 c.726 §396; 1973c.363 §1; 1983 c.437 §2; 1987 c.705 §3; 1991 c.968 §2]

12.085Action against garnishee. (1) Except as provided in subsection (2) of thissection, proceedings against a garnishee under ORS 18.775 to 18.782 must becommenced within one year after the delivery of the writ of garnishment.

(2)If the writ of garnishment is delivered to a person in the person’s capacity asa personal representative of an estate, proceedings against the garnishee underORS 18.775 to 18.782 must be commenced within one year after the entry of ajudgment 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]

12.090Accounts; accrual of cause of action. In an action to recover a balance dueupon an account, the cause of action shall be deemed to have accrued from thetime of the last charge or payment proved in the account. Interest, financingand carrying charges shall not be deemed such a charge. [Amended by 1973 c.204 §1]

12.100Action on official act or penalty. (1) An action against a sheriff orconstable upon a liability incurred by the doing of an act in an officialcapacity and in virtue of the office of the sheriff or constable; or by theomission of an official duty, including the nonpayment of money collected uponan execution, but not including an action for an escape, shall be commencedwithin three years.

(2)An action upon a statute for penalty or forfeiture, where the action is givento the party aggrieved, or to such party and the state, excepting those actionsmentioned in ORS 12.110, shall be commenced within three years. [Amended by1957 c.374 §4; 1965 c.221 §10]

12.110Actions for certain injuries to person not arising on contract; action for overtimeor premium pay; action for professional malpractice; effect of fraud or deceit;action for injuries to person arising from nuclear incident. (1) An actionfor assault, battery, false imprisonment, or for any injury to the person orrights of another, not arising on contract, and not especially enumerated inthis chapter, shall be commenced within two years; provided, that in an actionat law based upon fraud or deceit, the limitation shall be deemed to commenceonly from the discovery of the fraud or deceit.

(2)An action upon a statute for a forfeiture or penalty to the state or countyshall be commenced within two years.

(3)An action for overtime or premium pay or for penalties or liquidated damagesfor 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 anymedical, surgical or dental treatment, omission or operation shall be commencedwithin two years from the date when the injury is first discovered or in theexercise of reasonable care should have been discovered. However,notwithstanding the provisions of ORS 12.160, every such action shall becommenced within five years from the date of the treatment, omission oroperation upon which the action is based or, if there has been no actioncommenced within five years because of fraud, deceit or misleadingrepresentation, then within two years from the date such fraud, deceit ormisleading representation is discovered or in the exercise of reasonable careshould 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 actsof war, that causes bodily injury, sickness or death, shall be commenced:

(a)Within two years from the time an injured person discovers or reasonably couldhave discovered the injury and the causal connection between the injury and thenuclear incident; or

(b)Within two years from any substantial change in the degree of injury to theperson 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]

12.115Action for negligent injury to person or property. (1) In no eventshall any action for negligent injury to person or property of another becommenced more than 10 years from the date of the act or omission complainedof.

(2)Nothing in this section shall be construed to extend any period of limitationotherwise established by law, including but not limited to the limitationsestablished by ORS 12.110. [1967 c.406 §2]

12.117Actions based on child abuse. (1) Notwithstanding ORS 12.110, 12.115or 12.160, an action based on conduct that constitutes child abuse or conductknowingly allowing, permitting or encouraging child abuse that occurs while theperson is under 18 years of age must be commenced before the person attains 40years of age, or if the person has not discovered the causal connection betweenthe injury and the child abuse, nor in the exercise of reasonable care shouldhave discovered the causal connection between the injury and the child abuse,not more than five years from the date the person discovers or in the exerciseof reasonable care should have discovered the causal connection between thechild abuse and the injury, whichever period is longer.

(2)As used in subsection (1) of this section, “child abuse” means any of thefollowing:

(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 substantialimpairment of the child’s mental or psychological ability to function caused bycruelty 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, unlawfulsexual 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 whichallows, employs, authorizes, permits, induces or encourages a child to engagein the performing for people to observe or the photographing, filming, taperecording or other exhibition which, in whole or in part, depicts sexualconduct or contact; and