Oregon Rules of Civil Procedure – ORCP 3

This rule defines when an action commences, other than for statute of limitations purposes.  In what other context is this definition important?  One example is determining whether defendant timely tendered an offer pursuant to ORS 20.080, affecting plaintiff’s ability to recover attorney fees.  Kile v. York, 234 Or App 358, 228 P3d 599 (2010).  This rule is also cited in relation-back cases; the Oregon District Court held that the original complaint, rather than amended complaints naming new parties, marks the “commencement” of the action.  Burkholder v. Asbestos Claim Management Corp., 2007 WL 2463307 (D. Or. 2007) (unreported).