ORS 12.430
Claims based on law of other states

  • limitation period

(1)

Except as provided by ORS 12.450 (When limitation period of another state not applicable), if a claim is substantively based:

(a)

Upon the law of one other state, the limitation period of that state applies; or

(b)

Upon the law of more than one state, the limitation period of one of those states, chosen by the law of conflict of laws of this state, applies.

(2)

The limitation period of this state applies to all other claims. [1987 c.536 §2]
Note: See note under 12.410 (Definitions for ORS 12.410 to 12.480).

Source: Section 12.430 — Claims based on law of other states; limitation period, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

Notes of Decisions

Dismissal of action based on another state’s statute of limitations does not prevent filing suit in this state. Al Disdero Lumber Co. v. Dick W. Ebeling, Inc., 95 Or App 671, 770 P2d 945 (1989), Sup Ct review denied

Correct determinant of applicable statute of limitations is state providing substantive law basis for claim, not state having most substantial interest. Cropp v. Interstate Distributor Co., 129 Or App 510, 880 P2d 464 (1994), Sup Ct review denied

If ORS 15.360 does not apply because there is no apparent conflict between law of this state and law of other state governing claim, Oregon must apply common law conflicts decisions to determine whether claim is substantively based on laws of this state or other state and thus which statute of limitations applies to claim. Portfolio Recovery Associates, LLC v. Sanders, 366 Or 355, 462 P3d 263 (2020)

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 alien 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 2024

§ 12.430’s source at oregon​.gov