Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 811 (2026)

Failure of first action; effect on limitations

✓ current as of May 2026

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If the summons and complaint in a real or mixed action fails of sufficient service or return by unavoidable cause, or if by the default or negligence of any officer to whom it was delivered or directed for service, the action is dismissed; or if the action is defeated for any matter of form or by the death or other disability of either party, or if the plaintiff's judgment is reversed on appeal, the plaintiff may commence a new action at any time within 6 months after the determination of the first action or the reversal of the judgment.

Notes of Decisions

Cited in 4 cases, 2017–2018 · leading case: Carey v. Maine Bd. of Overseers of the Bar (Me. Super. Ct 2018).

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Carey v. Maine Bd. of Overseers of the Bar (Me. Super. Ct 2018). · cites it 12× “The Court only mentions it here because Plaintiff spent a considerable portion of his Response to the Defendants' respective Motions to Dismiss arguing the Defendants could not rely on intentional act immunity, when in fact they had not done so.”

Perry v. Dean (Me. Super. Ct 2017). · cites it 2× “§ 8104-B(s); 14 M.R.S.A. § 811 l(l)(C). The absolute immunity provided for discretionary functions "shall be applicable whenever a discretionary act is reasonably encompassed by the duties of the governmental employee in question, regardless of whether the exercise of discretion…”

Morrison v. Madigan (Me. Super. Ct 2017). “14 M.R.S. § 811 l(D); Diaz-Colon v. Fuentes-Agostini, 786 F.”

Lawson v. Willis (Me. Super. Ct 2018). “14 M.R.S. § 811 l(l)(C). Id.! 35. The Law Court further held that the City Manager was entitled to absolute immunity in discretionary functions and that the bad faith exception did not apply.”

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