What Is the Statute of Limitations in Oregon?

In Oregon, the statute of limitations sets the maximum period for initiating a lawsuit or pursuing criminal charges. Once this time limit expires after an incident, individuals may lose the right to file a claim, and the state may no longer prosecute the offense.

The statute of limitations plays a vital role in ensuring fairness and efficiency within the legal system. It eliminates the risk of facing legal action indefinitely, allowing parties to move on with certainty. By requiring claims to be filed while evidence is still available and witnesses’ memories remain reliable, it helps courts reach more accurate and just outcomes.

How Long Is the Statute of Limitations in Oregon?

The applicable time to begin legal proceedings in Oregon depends on the type and severity of the offense. Plaintiffs or prosecutors must bring a lawsuit or file criminal charges within the specific limitation period set by law.

The time limits for filing a lawsuit in Oregon vary between 1 and 10 years, as outlined in ORS Chapter 12 (Limitations of Actions and Suits). For instance, Oregon law requires filing personal injury claims within 2 years, contract and property damage claims within 6 years, and real property actions, such as adverse possession or land ownership disputes, within 10 years.

In contrast, crimes like murder and manslaughter have no statute of limitations, while misdemeanors are subject to a 2-year limit. Many sex crimes, such as first-degree rape, sodomy, unlawful sexual penetration, and sexual abuse, carry a 20-year limit, or until the victim turns 30 if they were under 18 at the time, with possible extensions when DNA evidence later identifies the offender (ORS 131.125(2)).

The table highlights the time limits for filing or prosecuting different types of cases in Oregon.

What Crimes Have No Statute of Limitations in Oregon

Under ORS 131.125(1), certain crimes do not have a statute of limitations and may be prosecuted at any time in Oregon, irrespective of the passage of time. The rationale is that the gravity of these crimes takes precedence over issues like fading memories or lost evidence; justice should remain attainable regardless of how much time has elapsed.

Crimes with no statute of limitations in Oregon include:

• All types of murder, including aggravated murder
• First- and second-degree manslaughter
• Charges related to murder, such as conspiracy, solicitation, or attempted murder.

Criminal Statute of Limitations in Oregon

The criminal statute of limitations in Oregon is the period during which the state may file charges after an alleged crime occurs. Once this time expires, the state typically loses the ability to prosecute the offender. ORS 131.105–131.155 defines how long the state has to prosecute a crime after it occurs.

In Oregon, criminal statute of limitations fall into several categories. These include:

• Misdemeanors
• Felonies
• Crimes with no time limit

Misdemeanor statute of limitations in Oregon, such as fourth-degree assault, DUII, or theft under $1,000, is generally 2 years, meaning prosecutors must file charges within this period. Felony time limits in Oregon vary by the type of crime and typically range from 3 to 20 years. For example, serious felonies like first-degree sexual offenses, kidnapping, arson, robbery, or theft from elderly victims carry a 6- to 20-year limitation period, and crimes such as fraud and other standard felony cases usually have a 3-year limit.

The law pauses (tolls) the statute of limitations in certain situations, for example, if a suspect leaves Oregon or is a minor. It also extends or delays the time limits for some offenses, such as fraud or sexual crimes against minors, allowing prosecutors to pursue charges when they discover the crime or when the victim reaches a specified age, typically 30 years.

Is There a Statute of Limitations on Attempted Murder?

In Oregon, attempted murder is a grave offense that carries harsh legal penalties. Under ORS 161.405, it is classified as a Class A felony. Typically, there is no statute of limitations for attempted murder in Oregon. According to ORS 131.125(1), no statutory clock restricts when the state may prosecute for attempted murder.

Oregon law explicitly lists attempted murder alongside murder and aggravated murder as crimes with no statute of limitations. This underscores the state’s view that these are among the most serious offenses, where justice must remain possible, regardless of how much time has passed. Unlike other crimes that may allow extensions due to DNA evidence, the victim’s age, or delayed discovery, attempted murder is always prosecutable in Oregon.

Statute of Limitations on Sexual Assault in Oregon

The deadline for filing sexual abuse claims in Oregon depends on factors such as the type of offense, the age of the victim, and when the crime was discovered. ORS 131.125 sets a 20-year statute of limitations for first-degree sexual offenses, including rape, sodomy, unlawful sexual penetration, and sexual abuse. If the victim was under 18, prosecutors may file charges at any time before the victim turns 30. When DNA or corroborating evidence emerges, the law imposes no time limit for bringing charges.

In comparison, second- and third-degree sexual offenses carry a statute of limitations of up to six years. If the victim was under 18, prosecutors may file charges any time before the victim turns 30 or within 12 years of the report to law enforcement or the Oregon Department of Human Services (ODHS). For misdemeanor-level sexual offenses involving minors, prosecutors have four years after the offense to bring charges. If the victim was under 18, they may pursue prosecution any time before the victim turns 22 or within four years of the report.

Civil Statute of Limitations in Oregon

According to ORS Chapter 12 (Limitations of Actions and Suits), civil lawsuit deadlines in Oregon range from 1 to 10 years. When the statute of limitations expires, the plaintiff usually loses the right to bring the lawsuit, and the court will dismiss any case filed after the deadline. However, tolling and discovery rules may extend the filing period in certain situations.

How long you have to sue in Oregon depends on several factors, such as:

• Type of claim
• The plaintiff’s age
• Absence of the defendant from Oregon
• Time of discovery of the crime (discovery rule).

The table outlines the time limits for civil actions in Oregon and the ORS sections that apply to each.

Statute of Limitations for Medical Malpractice in Oregon

The medical malpractice statute of limitations in Oregon establishes the time limit patients must file lawsuits against healthcare providers. How long to sue a doctor in Oregon depends on:

• When the injury occurs
• The time of discovery
• The patient’s age.

Under ORS 12.110(4), patients generally have two years from the date of the alleged incident to file a malpractice claim. Missing the malpractice claim deadline in Oregon means the patient forfeits the ability to sue and claim compensation. However, if the injury is not immediately apparent, the two-year limit starts when the patient discovers, or should reasonably have, the harm.

Additionally, the statute of limitations may be extended for minors and individuals who are legally incapacitated. However, Oregon imposes a strict 5-year statute of repose for medical malpractice. After this period, patients cannot file a lawsuit, unless fraud, deceit, or concealment delayed its discovery. In Oregon, the law requires the plaintiff to provide the healthcare provider 30 days written notice before filing a malpractice lawsuit.

Some Common Medical Malpractice Cases in Oregon.

Statute of Limitations for Debt in Oregon

The debt statute of limitations in Oregon outlines the time limit creditors have to file a lawsuit to recover unpaid debts. How long a debt may be collected in Oregon depends on:

• The type of debt
• Payment history
• The debtor’s acknowledgment
• If a judgment exists.

Under ORS 12.080(1), most debts in Oregon, including credit card, loans, and medical bills, carry a 6-year statute of limitations. After this period expires, creditors lose the right to file a lawsuit to collect the debt. However, under the Fair Credit Reporting Act, unpaid debts such as credit card debts in Oregon usually remain on a credit report for 7 years from the delinquency date. Debtors should note that making a payment or acknowledging the debt may restart the statute of limitations, making the debt legally enforceable again.

The table outlines the statute of limitations for various debts in Oregon.

Statute of Limitations for Child Abuse and Child Support in Oregon

Oregon sets different deadlines for prosecuting child cheabuse: 20 years for first-degree offenses (until age 30 if the victim was under 18, or no limit with DNA or corroborating evidence), 6 years for second- and third-degree offenses (extended to age 30 or 12 years after reporting if the victim was under 18), and 4 years for misdemeanor-level abuse of minors (extended until age 22 or 4 years after reporting).

For civil cases, (ORS 12.117) allows victims of child sexual abuse to file a lawsuit until age 40 or within 5 years of discovering the harm caused by the abuse. According to (ORS 107.108), child support enforcement in Oregon generally continues until the child turns 18. It may extend to age 21 if the child attends school. Under ORS 25.020, unpaid child support does not expire. The state and the custodial parent may pursue collection without time limits, even after the child reaches adulthood. Oregon enforces child support through several methods, such as:

• Wage garnishment (withholding income)
• Tax refund interception
• License suspension
• Filing liens against real estate or other valuable assets
• Contempt of court.