2017 ORS 12.430¹
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

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 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)

1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors012.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano012.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.