ORS 130.445: Dismissal for want of prosecution.
Where this section sits in the code
- 03 - Landlord-Tenant, Domestic Relations, Probate
- 13. Protective Proceedings; Powers of Attorney; Trusts
- Chapter 130 — Uniform Trust Code
(1) If the trustee does not file a petition to close the case under ORS 130.440 within one year after filing a petition under ORS 130.355, the court clerk shall mail a notice to the trustee, or the attorney for the trustee if the trustee is represented by counsel, informing the trustee that a judgment of dismissal will be entered in the case for want of prosecution unless an application for a continuance is made to the court and good cause is shown within 60 days after the date of the notice. Good cause for a continuance includes the pendency of a separate action under ORS 130.400 (4).
(2) If an application for a continuance is not made under this section, or the court fails to find good cause for a continuance, the court shall enter a judgment of dismissal of the proceeding without prejudice. The dismissal does not bar a claimant’s right to pursue claims against a trustee, and a claimant shall have the same rights as if the trustee filed no proceeding.
Collected 2026-09-03T23:50:11Z. Source file · JSON