DISMISSAL AT TRIAL – EFFECT ON STATUTE OF LIMITATIONS / §35.1
medical records. The court may shorten or lengthen the period for good cause. ORCP 55 I(2). VII.
(§33.7)
Requests for Admissions
A.
A request for admissions may be served by any party on another party after commencement of an action. ORCP 45 A.
B.
A response must be made within 30 days of service of a request or the matter is deemed admitted. A defendant is not required to answer or object to a request for admissions until 45 days after service of the summons and complaint on the defendant. ORCP 45 B.
VIII. (§33.8) References See generally 2 OREGON CIVIL PLEADING AND PRACTICE chs 25-27 (Oregon CLE 1994 & Supp 2001); 1 CIVIL LITIGATION MANUAL chs 16-18 (Oregon CLE 1993 & Supp 1999). DISHONORED BANK CHECKS AND INSTRUMENTS I.
(§34.1)
In addition to the amount for which the check was drawn, a plaintiff may recover damages equal to the greater of $100 or triple the amount of a dishonored check, but not more than $500 over the face amount of the check, by giving the maker of the dishonored check a written demand for payment of the amount of the check at least 30 days before commencing an action on the check. ORS 30.701(1)B(2). •
II.
(§34.2)
NOTE: ORS 30.701(2) applies only to checks made on or after October 4, 1997. Checks made before that date are governed by former ORS 20.090, 30.700, and 82.300. See the note following ORS 30.701.
The payee’s claim will be satisfied if, after the action commences but before the trial, the defendant pays the amount of the check, interest, service fees (up to $25 per check), court costs, and attorney fees. ORS 30.701(3), (5).
DISMISSAL AT TRIAL – EFFECT ON STATUTE OF LIMITATIONS I.
(§35.1) A.
Savings Clause
If an action is commenced within the statute of limitations and is dismissed at trial or on appeal after the statute has run, the plaintiff may refile the action within one year. This rule is known as the savings clause because the plaintiff’s rights have not been concluded. ORS 12.220; Quick v. Andresen, 238 Or 433, 395 P2d 154 (1964).
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