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Oregon · Through 2025 Edition

ORS 130.445: Dismissal for want of prosecution.

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Where this section sits in the code
  1. 03 - Landlord-Tenant, Domestic Relations, Probate
  2. 13. Protective Proceedings; Powers of Attorney; Trusts
  3. 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

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