Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 855 (2026)

Commencement of new action after failure, defeat or reversal

✓ current as of May 2026

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When a summons fails of sufficient service or return by unavoidable accident, or default, or negligence of the officer to whom it was delivered or directed, or the action is otherwise defeated for any matter of form, or by the death of either party the plaintiff may commence a new action on the same demand within 6 months after determination of the original action; and if he dies and the cause of action survives, his executor or administrator may commence such new action within said 6 months.

Notes of Decisions

Cited in 4 cases, 2006–2018 · leading case: Oppenheim v. Hutchinson, 926 A.2d 177 (Me. 2007).

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Oppenheim v. Hutchinson, 926 A.2d 177 (Me. 2007). · cites it 9× “Oppenheim contends that the court erred as a matter of law by not extending the limitations period pursuant to the “saving statute,” 14 M.R.S. § 855 (2006). Because we conclude the saving statute is inapplicable, and Oppen-heim’s suit was filed outside the statutory limitations…”

Hearts with Haiti, Inc. v. Kendrick (Me. Super. Ct 2018). · cites it 6× “Plaintiffs argue that their claims were timely filed pursuant to Maine's "saving statute," 14 M.R.S. § 855 (2016), that principles of equitable and judicial estoppel bar defendant from asserting a defense based on the statute of limitations, and that the emotional distress…”

Brown v. Thaler (Me. Super. Ct 2006). · cites it 2× “See 14 M.R.S.A. § 855. § 855 ("Maine Savings Statute") states in pertinent part: When a summons fails of sufficient service or return by unavoidable accident, or default, or negligence of the officer to defaults on the basis that failure to return an acknowledgement of service…”

Valentine v. Christmas Tree Shops, Inc. (Me. Super. Ct 2014). · cites it 2× “Valentine avers that she gave the summons and Complaint to the Cumberland County Sheriff on February 11, 2011 (prior to the February 14, 2011 deadline) and that the Sheriff did not effectuate service until February 24, 2011. 1 14 M.R.S.A. § 855 provides: When a summons fails of…”

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