Limitations of Actions and Suits

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:


The attorney has agreed to represent the person in the action;


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


The attorney dies before the expiration of the time allowed by statute for commencement of the action. [2005 c.457 §2]
Note: 12.195 (Effect of attorney death on limitations) was added to and made a part of ORS chapter 12 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
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)


Last accessed
Jun. 26, 2021