Written by attorney Troy Austin Pickard

Oregon's Saving Statute - ORS 12.220

Under certain circumstances, an Oregon law allows litigants to file cases beyond the statute of limitations. ORS 12.220, the "saving statute," says that if an action is first filed within the statute of limitations and then "involuntarily dismissed without prejudice on any ground not adjudicating the merits of the action," the plaintiff can file a new lawsuit within 180 days "after the judgment dismissing the original action is entered in the register of the court," even though the statute of limitations has run during the interim.

But beware - a new case Belinskey v. Clooten, says the 180 day deadline is from the date of entry of the *trial court's* dismissal, not any appellate judgment.

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