CIVIL RIGHTS / §14.1
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VII. (§13.7)
On notice or stipulation of dismissal, the court must enter a judgment of dismissal. ORCP 54 A(1). Wrongful Use of Civil Proceedings
A.
It is not a wrongful use of a civil proceeding to file an 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 filing. ORS 30.895(2).
B.
An action for the wrongful use of a civil proceeding must be commenced within two years after the cause of action arises. ORS 30.895, 12.110(1).
VIII. (§13.8)
References
See Uniform Trial Court Rules for pretrial procedures; APPELLATE PRACTICE AND PROCEDURE; TRIAL PROCEEDINGS; UNIFORM TRIAL COURT RULES. See generally CIVIL LITIGATION MANUAL (Oregon CLE 1993 & Supp 1999); OREGON CIVIL PLEADING AND PRACTICE (Oregon CLE 1994 & Supp 2001). CIVIL RIGHTS I.
(§14.1) A.
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Discrimination in Accommodations
Employment,
Housing,
and
Public
Generally. A person aggrieved by an unlawful practice, including discrimination in employment, housing, and public accommodations, may file a written, verified complaint with the Commissioner of the Bureau of Labor and Industries (BOLI) not later than one year after the unlawful practice, unless the person has filed a civil action in state or federal court alleging the same matters. ORS 659A.820(1)–(2). See §14.2. •
A person who files a civil action under ORS 659A.885 or federal law waives the right to file a complaint with BOLI. ORS 659A.870(1). NOTE: There is an exception for claims alleging violations of ORS 659A.145, ORS 659A.421, or comparable federal law. A person filing those claims does not waive the right to file an administrative complaint with BOLI, but the Commissioner shall dismiss the administrative complaint upon the commencement of a trial in the civil action.
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Filing a complaint under ORS 659A.820 is not a condition precedent to filing a civil action. ORS 659A.870(2).
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BOLI will notify the respondent (the person against whom the complaint is made) within 30 days of the filing. ORS 659A.820(4).