Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 553 (2026)

Action commenced when complaint filed

✓ current as of May 2026
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An action is commenced when the summons and complaint are served or when the complaint is filed with the court, whichever occurs first.   [PL 1971, c. 544, §43 (RPR).]
SECTION HISTORY
PL 1971, c. 544, §43 (RPR).
Notes of Decisions
Cited in 7 cases, 1979–2014 · leading case: Givertz v. Maine Med. Ctr., 459 A.2d 548 (Me. 1983).
Givertz v. Maine Med. Ctr., 459 A.2d 548 (Me. 1983). · cites it 4× “Merrill, the Mehrhof motion to dismiss the plaintiff's complaint, in lieu of answer, was not made within 20 days after service of the summons and complaint upon Dr.”
Kradoska v. Kipp, 397 A.2d 562 (Me. 1979). “At the time Kradoska filed her first complaint, the relevant statute, 14 M.R.S.A. § 553, provided as follows: An action is commenced when the complaint is either filed with the clerk, deposited in the mail addressed to the clerk, delivered to an officer for service or deposited…”
Dep't of Human Servs. v. Levesque, 669 A.2d 756 (Me. 1996). · cites it 3× “When method (2) is used, the return of service shall be filed with the court within 90 days after the filing of the complaint.”
Sanchez v. Sunday River Skiway Corp., 802 F. Supp. 539 (D. Me. 1992). “” 14 M.R.S.A. § 553 (1980). 7 . The within case does not mean that there can never be an action for bodily injury based in contract against a ski area.”
Freund ex rel. Est. of Walsh v. Fleetwood Enter., Inc., 755 F. Supp. 1094 (D. Me. 1991). “The M!aine legislature has provided a general rule for determining the point at which an action is commenced as part of Maine’s general tort statute of limitations: “an action is commenced when the summons and complaint are served or when the complaint is filed with the court,…”
Dineen v. Six Flags New England, Inc. (Me. Super. Ct 2014). “" 14 M.R.S. § 553 (2013). Plaintiff filed the complaint within the statutory period.”
Freund ex rel. Est. of Walsh v. Fleetwood Enter., Inc., 755 F. Supp. 1090 (D. Me. 1991). “Under the Maine statute of limitations, 14 M.R.S.A. § 553, the action was commenced, for purposes of the statute, when the Complaint was filed with the Clerk under Federal Rule of Civil Procedure 3.”
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