Limitations of Actions and Suits

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. [Amended by 1973 c.206 §1; 1987 c.158 §4]

Notes of Decisions

This section did not toll limitation period of ORS 12.110 where defendant foreign corporation could have been served under [former] ORS 57.700. Santos v. The Flxible Co. Inc., 41 Or App 89, 597 P2d 373 (1979)

This section did not toll limitation period in ORS 12.020 where defendant foreign corporation could have been served under long arm statute. Bancorp Leasing and Financial Corp. v. Agusta Aviation Corporation, 813 F2d 272 (1987)

Statute of limitations was tolled when defendant left Oregon and resided out of state after cause of action accrued and fact that defendant may have been amenable to service is not exception to tolling. Gary M. Buford and Associates, Inc. v. Guillory, 98 Or App 691, 780 P2d 783 (1989), Sup Ct review denied. But see Wright v. Osborne, 151 Or App 466, 949 P2d 321 (1997), Sup Ct review denied

Limitation period is not tolled by absence of defendant from state or by concealment where substituted service on state agency is available. Wright v. Osborne, 151 Or App 466, 949 P2d 321 (1997), Sup Ct review denied

Where plaintiff filed action against defendant more than six years after claims accrued but defendant moved out of state after claims accrued and before plaintiff filed action, ORCP 4 permits plaintiff to serve defendant out of state for purposes of litigating in-state claims and plaintiff's action was timely filed. Knappenberger v. Davis-Stanton, 271 Or App 14, 351 P3d 54 (2015)

Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021