Rhode Island General Laws
R.I. Gen. Laws § 9-1-12 (2026)
When action is commenced for purposes of statute of limitations
✓ current as of July 2026
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An action is commenced for purposes of the statute of limitations when the complaint is either filed with the court, deposited in the mail addressed to the clerk, or delivered to an officer for service.
Notes of Decisions
Cited in 6
cases, 1967–1994 · leading case: Benner v. J.H. Lynch & Sons, Inc., 641 A.2d 332 (R.I. 1994).
Benner v. J.H. Lynch & Sons, Inc., 641 A.2d 332 (R.I. 1994). “General Laws 1956 (1985 Reenactment) § 9-1-12 specifically provides that an "action is commenced for purposes of the statute of limitations when the complaint is either filed with the court, deposited in the mail addressed to the clerk or delivered to an officer for service.”
Sousa v. Casey, 306 A.2d 186 (R.I. 1973). “6 (now §9-1-12), it changed the method of commencing a law suit for the purposes of the statute of limitations from the issuance of a writ to the filing of a complaint with the clerk, or the depositing of the complaint in the mail addressed to the clerk, or the delivery of the…”
Caprio v. Fanning & Doorley Constr. Co., 243 A.2d 738 (R.I. 1968). “” General laws 1956, §9-1-12, as amended. We conclude, therefore, that plaintiff has tolled the statute of limitations in this action by having filed her complaint on February 3, 1966, the last day available to her under such statute.”
Sch. Comm. of Town of North Providence v. North Providence Fed'n of Teachers, 476 A.2d 1037 (R.I. 1984). “The union appeared specially to challenge jurisdiction over the party defendant for failure to comply with § 9-1-12. It is interesting to note that in spite of the special appearance, the union filed a counterclaim seeking to confirm and enforce the arbitrator’s award.”
Wallbaum v. Martin, 234 A.2d 369 (R.I. 1967). “General Laws 1956, §9-1-12, as amended provides: “An action is commenced for purposes of the statute of limitations when the complaint is either filed with the court, deposited in the mail addressed to the clerk or delivered to an officer for service.”
Pisaturo v. Auto. Mut. Ins. Co. of Am., 229 A.2d 756 (R.I. 1967). “The legislature has provided in §9-1-12, as amended, that the use of any of the methods set forth in Rule No.”
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