ORCP 34

See annotations under ORS 13.080 and 13.090 in permanent edition.

ORCP 34B

NOTES OF DECISIONS

      Personal representative who answers complaint and seeks relief waives statute of limitations for substitution of personal representative in place of decedent. Castro v. Ogburn, 140 Or App 122, 914 P2d 1 (1996)

      This provision effectively acts as statute of limitations and is exclusive procedural means through which claimant may continue action that commenced before defendant’s death, and claimant’s failure to comply with time frame requires court to dismiss claimant’s action with prejudice. Lacey v. Saunders, 304 Or App 23, 466 P3d 1063 (2020)

ORCP 34D

NOTES OF DECISIONS

Under former similar statute (ORS 13.080)

      Death of party after decree of dissolution does not terminate right of that party’s personal representative to make timely appeal of property division. Libby and Libby, 23 Or App 223, 541 P2d 1077 (1975)

ORCP 34E

NOTES OF DECISIONS

      This section does not permit substitution of parties after final judgment has been rendered. Tecmire v. Hogan, 82 Or App 19, 727 P2d 138 (1986)