ORS 12.220
Commencement of new action after involuntary dismissal


(1)

Notwithstanding ORS 12.020 (When action deemed begun), 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 (When action deemed begun) 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 (When action deemed begun) 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. [Amended by 1961 c.726 §397; 2003 c.296 §1]

Source: Section 12.220 — Commencement of new action after involuntary dismissal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html (accessed May 26, 2025).

12.010
Time of commencing actions
12.020
When action deemed begun
12.040
Limitations of suits generally
12.050
Action to recover real property
12.060
Suit or action on land contracts
12.070
Action on judgment, decree or sealed instrument
12.080
Action on certain contracts or liabilities
12.085
Action against garnishee
12.090
Accounts
12.100
Action on official act or penalty
12.110
Actions for certain injuries to person not arising on contract
12.115
Action for negligent injury to person or property
12.117
Actions based on child abuse
12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult
12.120
Action on escape
12.125
Action arising under rental agreement
12.130
Action for penalty
12.132
Action arising out of real estate appraisal activity or appraisal review
12.135
Action for damages from construction, alteration or repair of improvement to real property
12.137
Action for loss of or damage to property arising from nuclear incident
12.140
Actions not otherwise provided for
12.150
Suspension of running of statute by absence or concealment
12.155
Effect of notice of advance payment on running of period of limitation
12.160
Suspension for minors and persons who have disabling mental condition
12.170
Disability must exist when right of action accrues
12.180
Coexisting disabilities must all be removed
12.190
Effect of death on limitations
12.195
Effect of attorney death on limitations
12.200
Suspension by war as to noncitizen
12.210
Suspension by injunction or prohibition of statute
12.220
Commencement of new action after involuntary dismissal
12.230
Acknowledgment or promise taking contract case out of statute
12.240
Effect of payment after obligation becomes due
12.250
Actions by state, county or public corporations
12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date
12.272
Action based on pesticide application
12.274
Action against trustee of express trust
12.276
Action for death, injury or damage resulting from breast implants
12.278
Action against manufacturer of certain pickup trucks
12.280
Action based on practice of land surveying
12.282
Action against manufacturer of extendable equipment
12.410
Definitions for ORS 12.410 to 12.480
12.420
Purpose
12.430
Claims based on law of other states
12.440
Application of statutes and rules governing conflict of laws
12.450
When limitation period of another state not applicable
12.460
Claims to which statutes apply
12.470
Severability
12.480
Short title
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