2015 ORS § 174.120¹

Computation of time
  • leap year

(1) The time within which an act is to be done, as provided in the civil and criminal procedure statutes, is computed by excluding the first day and including the last day, unless the last day falls upon any legal holiday or on Saturday, in which case the last day is also excluded.

(2) For the purposes of determining whether a person has complied with a statutory time limitation governing an act to be performed in a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court, the time prescribed by law for the performance of the act does not include the day on which the specified period begins to run. The designated period does include the last day unless the last day is:

(a) A legal holiday or Saturday;

(b) A day on which the court is closed for the purpose of filing pleadings and other documents;

(c) A day on which the court is closed by order of the Chief Justice, to the extent provided by the order; or

(d) A day on which the court is closed before the end of the normal hours during which pleadings and other documents may be filed.

(3) If the last day of a designated period is excluded under the provisions of subsection (2) of this section, the act must be performed on the next day that the court is open for the purpose of filing pleadings and other documents.

(4) The provisions of subsections (2) and (3) of this section apply to time limitations established by statutes of limitation and other procedural statutes governing civil and criminal proceedings.

(5) If a statute of limitation or other procedural statute governing civil or criminal proceedings provides that an act be done within one or more years, the time for performing the act is computed in calendar years. If the specified period begins to run on a date other than February 29, the act must be done on or before the same date in the calendar year in which the specified period ends as the date in the calendar year in which the specified period began to run. If the specified period of time begins to run on February 29, the act must be done on or before February 28 of the calendar year in which the specified period ends. [Amended by 1979 c.284 §118; 1985 c.282 §2; 2002 s.s.1 c.10 §6; 2003 c.228 §1; 2013 c.1 §14]

Notes of Decisions

Exclusion of first day and inclusion of last day in computing time does not act as addi­tional extension to period calcula­tion under ORS 131.145 (When time starts to run). State v. Chatfield, 148 Or App 13, 939 P2d 55 (1997)

Commencing of ac­tion within time set by ORS chapter 12 statutes of limita­tion constitutes act that is to be done, as provided in civil . . . pro­ce­dure statutes. Stupek v. Wyle Laboratories Corp., 327 Or 433, 963 P2d 678 (1998)

Chapter 174

Law Review Cita­tions

32 WLR 1 (1996); 34 WLR 219 (1998)


1 Legislative Counsel Committee, CHAPTER 174—Construction of Statutes; General Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors174.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 174, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano174.­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.