US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Section 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] Note: Sections 7 and 8 (2), chapter 12, Oregon Laws 2020 (first special session), provide: Sec. 7. Extension of time to […]

Section 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 […]

Section 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 […]

Section 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]

Section 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 […]

Section 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 person’s capacity as a personal representative of an estate, […]

Section 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]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 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 […]

Section 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 […]

Section 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] Note: Section 7, chapter 13, Oregon Laws 2020 (first special session), provides: Sec. 7. Notwithstanding ORS 12.125, the period of limitation is tolled until March 1, 2022, for claims by a landlord based on a […]

Section 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 […]

Section 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 by a plaintiff who is not a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or […]