Bill Text: OR SB67 | 2013 | Regular Session | Introduced

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Bill Title: Relating to civil proceedings.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB67 Detail]

Download: Oregon-2013-SB67-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 757

                         Senate Bill 67

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Increases time during which person can file action to preserve
claim before running of statute of limitations and be exempt from
claim for wrongful use of civil proceeding.

                        A BILL FOR AN ACT
Relating to civil proceedings; creating new provisions; and
  amending ORS 31.230.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.230 is amended to read:
  31.230. (1) In order to bring a claim for wrongful use of a
civil proceeding against another, a person   { - shall not be - }
 { + is not + } 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  { + is not grounds for a
claim for wrongful use of a civil proceeding under subsection (1)
of this section if:
  (a) The action is filed  + }within   { - 60 - }   { + 100 + }
days   { - of - }   { + before + } the running of the statute of
limitations { + ;
  (b) The action is filed + } for the purpose of preserving and
evaluating the claim   { - when - }  { + ; and
  (c) + } 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 - }   { + must + } be brought in an original action
after the proceeding which is the subject matter of the claim is
concluded.
  SECTION 2.  { + The amendments to ORS 31.230 by section 1 of
this 2013 Act apply to actions commenced on or after the
effective date of this 2013 Act for the purpose of preserving and
evaluating a claim as described in ORS 31.230 (2). + }
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