to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of

12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of action accrues the person is a child who is younger than 18 years of age, the statute of limitation for commencing the action is tolled for so long as the person is younger than 18 years of age.

����� (2) The time for commencing an action may not be extended under subsection (1) of this section for more than five years, or for more than one year after the person attains 18 years of age, whichever occurs first.

����� (3) Subject to subsection (4) of this section, if a person is entitled to bring an action mentioned in ORS 12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of action accrues the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, the statute of limitation for commencing the action is tolled for so long as the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know.

����� (4) The time for commencing an action may not be extended under subsection (3) of this section for more than five years, or for more than one year after the person no longer has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, whichever occurs first.

����� (5) If a child�s cause of action is tolled under subsection (1) of this section, a cause of action for recovery of damages for medical expenses incurred by a parent, guardian or conservator of the child is tolled for the same period of time as the child�s cause of action if the medical expenses resulted from the same wrongful conduct that is the basis of the child�s cause of action. [Amended by 1973 c.827 �4; 1979 c.246 �1; 1983 c.762 �9; 1997 c.339 �1; 2007 c.285 �1; 2015 c.510 �1]

����� 12.170 Disability must exist when right of action accrues. No person shall make use of a disability unless it existed when the right of action of the person accrued.

����� 12.180 Coexisting disabilities must all be removed. When two or more disabilities coexist at the time the right of action accrues, the limitation shall not attach until all are removed.

����� 12.190 Effect of death on limitations. (1) If a person entitled to bring an action dies before the expiration of the time limited for its commencement, an action may be commenced by the personal representative of the person after the expiration of that time, and within one year after the death of the person.

����� (2)(a) If a person against whom an action may be brought dies before the expiration of the time limited for its commencement, an action may be commenced against the personal representative of the person after the expiration of that time, and within one year after the death of the person.

����� (b) Notwithstanding paragraph (a) of this subsection, if an action is commenced against a defendant who dies before the expiration of the time limited for commencement of the action or within 60 days after the action is commenced, a party may amend the complaint within 90 days after the action is commenced to substitute the personal representative of the defendant�s estate for the deceased defendant. An amendment under this paragraph relates back to the date the complaint was filed. [Amended by 1969 c.591 �268; 2021 c.282 �24]

����� 12.195 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 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.

����� 12.200 Suspension by war as to noncitizen. When a person is a noncitizen and a subject or citizen of a country at war with the United States, the time of the continuance of the war shall not be a part of the period limited for the commencement of the action. [Amended by 2022 c.97 �3]

����� 12.210 Suspension by injunction or prohibition of statute. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the continuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action.

����� 12.220 Commencement of new action after involuntary dismissal. (1) Notwithstanding ORS 12.020, if an action is filed with a court within the time allowed by statute, and the action is involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action, or is involuntarily dismissed with prejudice on the ground that the plaintiff failed to properly effect service of summons within the time allowed by ORS 12.020 and the statute of limitations for the action expired, the plaintiff may commence a new action based on the same claim or claims against a defendant in the original action if the defendant had actual notice of the filing of the original action not later than 60 days after the action was filed.

����� (2) If, pursuant to subsection (1) of this section, a new action is commenced in the manner provided by ORS 12.020 not later than 180 days after the judgment dismissing the original action is entered in the register of the court, the new action is not subject to dismissal by reason of not having been commenced within the time allowed by statute.

����� (3) A new action may be commenced only once under this section for the same claim or claims.

����� (4) All defenses that would have been available if the original action had been commenced within the time otherwise allowed by statute shall be available in a new action commenced under this section. [Amended by 1961 c.726 �397; 2003 c.296 �1]

����� 12.230 Acknowledgment or promise taking contract case out of statute; effect of payment. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.

����� 12.240 Effect of payment after obligation becomes due. Whenever any payment of principal or interest is made after it has become due, upon an existing contract, whether it is a bill of exchange, promissory note, bond, or other evidence of indebtedness, the limitation shall commence from the time the last payment was made.

����� 12.250 Actions by state, county or public corporations. Unless otherwise made applicable thereto, the limitations prescribed in this chapter shall not apply to actions brought in the name of the state, or any county, or other public corporation therein, or for its benefit.

����� 12.260 [Repealed by 1987 c.536 �9]

����� 12.270 Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date. On September 13, 1975, any proceeding that establishes or alters the boundaries of a governmental subdivision previously or hereafter initiated and purported to be effected in accordance with applicable legal requirements shall be conclusively presumed valid for all purposes one year after the purported effective date of the action. No direct or collateral attack on the action may thereafter be commenced. This statute of limitations includes but is not limited to the following proceedings:

����� (1) Formations and change of organizations under ORS 198.705 to 198.955.

����� (2) Boundary changes under ORS 199.410 to 199.519.

����� (3) Consolidations under ORS 199.705 to 199.795.

����� (4) Incorporations under ORS 221.010 to 221.090.

����� (5) Annexations under ORS 222.111 to 222.180, 222.750 and 222.840 to 222.915.

����� (6) Consolidations under ORS 222.210 to 222.310.

����� (7) Withdrawals and transfers of territory under ORS 222.510 to 222.580.

����� (8) Mergers under ORS 222.610 to 222.710.

����� (9) Formations and changes under ORS chapter 261.

����� (10) Alterations, changes, mergers and consolidations under ORS 330.080 to 330.123, 330.505 to