justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 12 — Limitations of Actions and

ORS 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]
ORS Chapter 12 — Limitations of Actions and

ORS 12.030. [Repealed by 1973 c.731 2]
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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; or (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]
ORS Chapter 12 — Limitations of Actions and

ORS 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,
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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]
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 12.115. (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.
ORS Chapter 12 — Limitations of Actions and

ORS 12.117. Actions based on child abuse. (1) Notwithstanding ORS 12.110, 12.115 or
ORS Chapter 12 — Limitations of Actions and

ORS 12.118. Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult. (1) Notwithstanding ORS 12.110, 12.115 or 12.160, an action based on conduct that constitutes sexual assault or conduct knowingly allowing, permitting or encouraging sexual assault that occurs when a person is 18 years of age or older must be commenced within five years from the date the person discovers, or in the exercise of reasonable care should have discovered, the causal connection between the sexual assault and the injury. (2) As used in this section, sexual assault includes, but is not limited to, any of the following: (a) Rape, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163; (b) Sexual abuse, as that act is defined in ORS chapter 163; or (c) Sexual exploitation, which includes but is not limited to trafficking in persons and subjecting another person to involuntary servitude, as those acts are defined in ORS chapter 163. (3) Nothing in this section creates a new cause of action or enlarges any existing cause of action. [2019 c.448 2] Note:
ORS Chapter 12 — Limitations of Actions and

ORS 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]
ORS Chapter 12 — Limitations of Actions and

ORS 12.125. Action arising under rental agreement. An action arising under a rental agreement or ORS chapter 90 shall be commenced within one year.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 12.132. Action arising out of real estate appraisal activity or appraisal review. (1) 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: (a) 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; or (b) Five years after the date on which the real estate appraisal activity or appraisal review on which the action is based was completed or should have been completed. (2) Subsection (1)(b) of this section does not apply to an action arising out of real estate appraisal activity or appraisal review based on fraud or misrepresentation. [2017 c.143 1; 2019 c.114 2] Note:
ORS Chapter 12 — Limitations of Actions and

ORS 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:
ORS Chapter 12 — Limitations of Actions and

ORS 12.140. Actions not otherwise provided for. An action for any cause not otherwise provided for shall be commenced within 10 years.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 12.160. Suspension for minors and persons who have disabling mental condition. (1) 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 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 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 has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, the statute of limitation for commencing the action is tolled for so long as the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know. (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 no longer has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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)(a) 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. (b) Notwithstanding paragraph (a) of this subsection, if an action is commenced against a defendant who dies before the expiration of the time limited for commencement of the action or within 60 days after the action is commenced, a party may amend the complaint within 90 days after the action is commenced to substitute the personal representative of the defendants estate for the deceased defendant. An amendment under this paragraph relates back to the date the complaint was filed.
ORS Chapter 12 — Limitations of Actions and

ORS 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:
ORS Chapter 12 — Limitations of Actions and

ORS 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. [Amended by 2022 c.97 3]
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 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.
ORS Chapter 12 — Limitations of Actions and

ORS 12.260. [Repealed by 1987 c.536 9]