ORS 12.195¹
Effect of attorney death on limitations

Notwithstanding the time established by statute for the commencement of an action, a person must commence the action within 180 days after the death of an attorney for the person, or within the time established by statute for the commencement of the action, whichever is later, if:

(1) The attorney has agreed to represent the person in the action;

(2) The attorney-client relationship between the person and the attorney is confirmed in a writing prepared by the attorney or at the direction of the attorney; and

(3) The attorney dies before the expiration of the time allowed by statute for commencement of the action. [2005 c.457 §2]

Note: 12.195 (Effect of attorney death on limitations) was added to and made a part of ORS chapter 12 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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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