72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 42
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 Joint Interim Committee on
Judiciary for Oregon State Bar Procedure and Practice
Committee)
CHAPTER ................
AN ACT
Relating to computation of time; amending ORS 174.120.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 174.120, as amended by section 6, chapter 10,
Oregon Laws 2002, is amended to read:
174.120. (1) The time within which an act is to be done, as
provided in the civil and criminal procedure statutes, is
computed by excluding the first day and including the last unless
the last day falls upon any legal holiday or on Saturday, in
which case the last day is also excluded.
(2) For the purposes of the determining whether a person has
complied with a statutory time limitation governing an act to be
performed in a circuit court, the Oregon Tax Court, the Court of
Appeals or the Supreme Court, the time prescribed by law for the
performance of the act does not include the day on which the
specified period begins to run. The designated period does
include the last day unless the last day is:
(a) A legal holiday or Saturday;
(b) A day on which the court is closed for the purpose of
filing pleadings and other documents;
(c) A day on which the court is closed by order of the Chief
Justice, to the extent provided by the order; or
(d) A day on which the court is closed before the end of the
normal hours during which pleadings and other documents may be
filed.
(3) If the last day of a designated period is excluded under
the provisions of subsection (2) of this section, the act must be
performed on the next day that the court is open for the purpose
of filing pleadings and other documents.
(4) The provisions of subsections (2) and (3) of this section
apply to time limitations established by statutes of limitation
and other procedural statutes governing civil and criminal
proceedings.
{ + (5) If a statute of limitation or other procedural
statute governing civil and criminal proceedings provides that an
act be done within one or more years, the time for performing the
act is computed in calendar years. If the specified period begins
to run on a date other than February 29, the act must be done on
Enrolled Senate Bill 42 (SB 42-INTRO) Page 1
or before the same date in the calendar year in which the
specified period ends as the date in the calendar year in which
the specified period began to run. If the specified period of
time begins to run on February 29, the act must be done on or
before February 28 of the calendar year in which the specified
period ends. + }
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Passed by Senate January 30, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 19, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 42 (SB 42-INTRO) Page 2
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 42 (SB 42-INTRO) Page 3