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
Green check means up to date. Up to date

Current through early 2026

§ 12.220’s source at oregon​.gov