Limitations of Actions and Suits

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).

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

§§ 12.410 to 12.480

Law Review Citations

71 OLR 319 (1992)

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

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