ORS 12.120¹
Action on escape
  • action for defamation

(1) An action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process; or

(2) An action for libel or slander

shall be commenced within one year. [Amended by 1957 c.374 §2]

Notes of Decisions

Applicable statute of limita­tions for slander of title. Shenefield v. Axtell, 274 Or 279, 545 P2d 876 (1976)

An ac­tion for neg­li­gent injury to reputa­tion is an ac­tion for defama­tion subject to a one-year statute of limita­tions. Coe v. Statesman-Journal Co., 277 Or 117, 560 P2d 254 (1977)

Where allegedly libelous memorandum was confidential in nature and initial publica­tion was not of type plaintiff would be presumed to know about, limita­tion period of this sec­tion began to run at time plaintiff discovered existence of memorandum. White v. Gurnsey, 48 Or App 931, 618 P2d 975 (1980)

Time of discovery rule, under which running of Statute of Limita­tions is tolled until plaintiff knows or reasonably should know of claim against defendant, did not apply to ac­tion for defama­tions made in public meeting. Workman v. Rajneesh Founda­tion Interna­tional, 84 Or App 226, 733 P2d 908 (1987), Sup Ct review denied

When claim characterized as false light alleges facts that also constitute claim for defama­tion, claim must be filed within period for bringing defama­tion claim under this pro­vi­sion, not ORS 12.110 (Actions for certain injuries to person not arising on contract). Magenis v. Fisher Broadcasting, Inc., 103 Or App 555, 798 P2d 1106 (1990)

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/­012.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­012ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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.
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