ORS 12.150
Suspension of running of statute by absence or concealment


If, when a cause of action accrues against any person, the person is out of the state and service cannot be made within the state or the person is concealed therein, such action may be commenced within the applicable period of limitation in this chapter after the return of the person into the state, or after the termination of the concealment of the person; and if, after a cause of action has accrued against a person, the person shall depart from and reside out of this state, or if the person is concealed therein, the time of the absence or concealment of the person shall not be deemed or taken as any part of the time limited for the commencement of such action. [Amended by 1973 c.206 §1; 1987 c.158 §4]

Source: Section 12.150 — Suspension of running of statute by absence or concealment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

Notes of Decisions

This section did not toll limitation period of ORS 12.110 where defendant foreign corporation could have been served under [former] ORS 57.700. Santos v. The Flxible Co. Inc., 41 Or App 89, 597 P2d 373 (1979)

This section did not toll limitation period in ORS 12.020 where defendant foreign corporation could have been served under long arm statute. Bancorp Leasing and Financial Corp. v. Agusta Aviation Corporation, 813 F2d 272 (1987)

Statute of limitations was tolled when defendant left Oregon and resided out of state after cause of action accrued and fact that defendant may have been amenable to service is not exception to tolling. Gary M. Buford and Associates, Inc. v. Guillory, 98 Or App 691, 780 P2d 783 (1989), Sup Ct review denied. But see Wright v. Osborne, 151 Or App 466, 949 P2d 321 (1997), Sup Ct review denied

Limitation period is not tolled by absence of defendant from state or by concealment where substituted service on state agency is available. Wright v. Osborne, 151 Or App 466, 949 P2d 321 (1997), Sup Ct review denied

Where plaintiff filed action against defendant more than six years after claims accrued but defendant moved out of state after claims accrued and before plaintiff filed action, ORCP 4 permits plaintiff to serve defendant out of state for purposes of litigating in-state claims and plaintiff’s action was timely filed. Knappenberger v. Davis-Stanton, 271 Or App 14, 351 P3d 54 (2015)

12.010
Time of commencing actions
12.020
When action deemed begun
12.040
Limitations of suits generally
12.050
Action to recover real property
12.060
Suit or action on land contracts
12.070
Action on judgment, decree or sealed instrument
12.080
Action on certain contracts or liabilities
12.085
Action against garnishee
12.090
Accounts
12.100
Action on official act or penalty
12.110
Actions for certain injuries to person not arising on contract
12.115
Action for negligent injury to person or property
12.117
Actions based on child abuse
12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult
12.120
Action on escape
12.125
Action arising under rental agreement
12.130
Action for penalty
12.132
Action arising out of real estate appraisal activity or appraisal review
12.135
Action for damages from construction, alteration or repair of improvement to real property
12.137
Action for loss of or damage to property arising from nuclear incident
12.140
Actions not otherwise provided for
12.150
Suspension of running of statute by absence or concealment
12.155
Effect of notice of advance payment on running of period of limitation
12.160
Suspension for minors and persons who have disabling mental condition
12.170
Disability must exist when right of action accrues
12.180
Coexisting disabilities must all be removed
12.190
Effect of death on limitations
12.195
Effect of attorney death on limitations
12.200
Suspension by war as to alien
12.210
Suspension by injunction or prohibition of statute
12.220
Commencement of new action after involuntary dismissal
12.230
Acknowledgment or promise taking contract case out of statute
12.240
Effect of payment after obligation becomes due
12.250
Actions by state, county or public corporations
12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date
12.272
Action based on pesticide application
12.274
Action against trustee of express trust
12.276
Action for death, injury or damage resulting from breast implants
12.278
Action against manufacturer of certain pickup trucks
12.280
Action based on practice of land surveying
12.282
Action against manufacturer of extendable equipment
12.410
Definitions for ORS 12.410 to 12.480
12.420
Purpose
12.430
Claims based on law of other states
12.440
Application of statutes and rules governing conflict of laws
12.450
When limitation period of another state not applicable
12.460
Claims to which statutes apply
12.470
Severability
12.480
Short title
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