2017 ORS 31.230¹
Wrongful use of civil proceeding
  • pleading
  • procedure

(1) In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims.

(2) The filing of a civil action within 60 days of the running of the statute of limitations for the purpose of preserving and evaluating the claim when the action is dismissed within 120 days after the date of filing shall not constitute grounds for a claim for wrongful use of a civil proceeding under subsection (1) of this section.

(3) A claim for damages for wrongful use of a civil proceeding shall be brought in an original action after the proceeding which is the subject matter of the claim is concluded. [Formerly 30.895]

(formerly 30.895)

Notes of Decisions

Allega­tion of emo­­tion­al distress is sufficient to support damages ele­ment of claim. Lee v. Mitchell, 152 Or App 159, 953 P2d 414 (1998)

To fit exemp­tion for ac­tion filed and dismissed around time of running of statute of limita­tions, filing of ac­tion must be for sole purpose of preserving and evaluating claim. Roop v. Parker Northwest Paving Co., 194 Or App 219, 94 P3d 885 (2004), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 31—Tort Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors031.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 31, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano031.­html (2017) (last ac­cessed Mar. 30, 2018).
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.