Me. Rev. Stat. tit. 14, § 865 (2026)

Application of limitations to counterclaims

✓ current as of May 2026

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All the provisions hereof respecting limitations apply to any counterclaim by the defendant except a counterclaim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim to the extent of the demand in the plaintiff's claim. The time of such limitation shall be computed as if an action had been commenced therefor at the time the plaintiff's action was commenced. [PL 1969, c. 367, §1 (AMD).]

SECTION HISTORY

PL 1969, c. 367, §1 (AMD).

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1973–2022 · leading case: C.N. Brown Co. v. Gillen, 569 A.2d 1206 (Me. 1990).

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C.N. Brown Co. v. Gillen, 569 A.2d 1206 (Me. 1990). · cites it 2× “We find no merit in Gillen’s argument that 14 M.R.S.A. § 865 (1980) 5 exempts this count of her counterclaim from the bar of the federal statute of limitation contained in 15 U.”

Fed. Deposit Ins. Corp. v. Notis, 602 A.2d 1164 (Me. 1992). “Cf 14 M.R.S.A. § 865 (1980) (state limitations periods do not apply to counterclaims arising out of transaction or occurrence that is subject of plaintiff’s claim to the extent of plaintiff’s demand).”

Union Trust Co. of Ellsworth v. Hardy, 400 A.2d 384 (Me. 1979). “The saving exception in 14 M.R.S.A. § 865, as inserted by an amendment in 1969 (Supp.”

W.A. v. Hendrick Hudson Cent. Sch. Dist., 219 F. Supp. 3d 421 (S.D.N.Y. 2016). “20, 2001) (report and recommendation) (observing that “[t]he parties devote considerable time and effort to arguments based on a state statute, 14 M.R.S.A. § 865,” but concluding that “it is not necessary to reach this issue in order to rule on the pending motion”).”

Mott v. Lombard, 655 A.2d 362 (Me. 1995). “” 14 M.R.S.A. § 865 (1980). Even though the Lombards technically are asserting an affirmative cause of action which would be time barred if brought independently, we treat the matter as recoupment for limitations purposes pursuant to section 865.”

Joler v. Depositors Trust Co., 309 A.2d 871 (Me. 1973). “§ 2651) the provisions of 14 M.R.S.A. § 865— by which matters . . arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim to the extent of the demand in the plaintiff’s claim” are to have “(t)lie time of .”

Detine v. Jankowski (Me. Super. Ct 2022). · cites it 2× “Lawyers 7 Defendants, in their Reply to the Plaintiffs' Motion, assert that 14 M.R.S. § 865 allows their counterclaim to survive the six-year limitation.”

Thurlow v. Connolly (Me. Super. Ct 2005). · cites it 3× “Statutes of limitation under 14 M.R.S.A. § 865. Under Maine statutes, a counterclaim may be asserted outside the limitation period for limited purposes and under certain conditions.”

Lincoln Rental Sys. v. Lincoln Sanitary Dist. (Me. Super. Ct 2006). · cites it 2× “Defendant counters that under 14 M.R.S.A. § 865 (2003), Defendant may assert a counterclaim for breach of contract because it arises out of the same occurrence that is the subject matter of the Plaintiff's claim.”

Liberty v. Bennett (Me. Super. Ct 2007). “Pursuant to 14 M.R.S. § 865, such time "shall be computed as if an action had been commenced therefore at the time the plaintiff's action was commenced.”

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