ORCP 34

 

����� See also annotations under ORS 13.080 and 13.090 in permanent edition.

 

NOTES OF DECISIONS

 

����� Where party who petitioned to adopt child died before petition was resolved, this rule applied to adoption proceeding. Matter of Adoption of J.M.S., 327 Or App 275, 534 P3d 283 (2023)

 

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)