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STULL v. HOKE

CC 940503716; CA A86270; SC S43523.

948 P.2d 722 (1997)

326 Or. 72

Barry Joe STULL, Petitioner on Review, v. Mary M. HOKE, Nancy C. Antal and Brownstein, Rask, Sweeny, Grim, Kerr & DeSylvia, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided November 14, 1997.

Attorney(s) appearing for the Case

Barry Joe Stull, petitioner on review, filed the petition pro se.

Donald W. McEwen and Christine Coers-Mitchell, of McEwen, Gisvold, Rankin, Carter & Streinz, L.L.P., Portland, filed a brief on the merits on behalf of respondents on review Antal and Brownstein, Rask, Sweeny, Grim, Kerr & DeSylvia.

Lindsey H. Hughes, of Hallmark, Keating & Abbott, P.C., Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Richard S. Yugler, Maureen Leonard, and Jason Ring, Certified Law Student, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

KULONGOSKI, Justice.

The primary issue in this case is when a civil action is deemed commenced, for purposes of the statute of limitations, when the plaintiff who files the complaint is an indigent person who is incarcerated in a prison facility. For the reasons explained below, we hold that, in these circumstances, the action commences when the complaint is received by the court.

Plaintiff, an inmate at the Columbia...

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