2015 ORS 130.445¹
Dismissal for want of prosecution

(1) If the trustee does not file a petition to close the case under ORS 130.440 (Petition to close case) within one year after filing a petition under ORS 130.355 (Commencement of proceeding), the court clerk shall mail a notice to the trustee, or the attorney for the trustee if the trustee is represented by counsel, informing the trustee that a judgment of dismissal will be entered in the case for want of prosecution unless an application for a continuance is made to the court and good cause is shown within 60 days after the date of the notice. Good cause for a continuance includes the pendency of a separate action under ORS 130.400 (Allowance and disallowance of claims) (4).

(2) If an application for a continuance is not made under this section, or the court fails to find good cause for a continuance, the court shall enter a judgment of dismissal of the proceeding without prejudice. The dismissal does not bar a claimant’s right to pursue claims against a trustee, and a claimant shall have the same rights as if the trustee filed no proceeding. [Formerly 128.298]

Chapter 130

Law Review Cita­tions

42 WLR 187 (2006)


1 Legislative Counsel Committee, CHAPTER 130—Uniform Trust Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors130.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 130, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano130.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.