4.16.160  <<  4.16.170 >>   4.16.180

Tolling of statuteActions, when deemed commenced or not commenced.

For the purpose of tolling any statute of limitations an action shall be deemed commenced when the complaint is filed or summons is served whichever occurs first. If service has not been had on the defendant prior to the filing of the complaint, the plaintiff shall cause one or more of the defendants to be served personally, or commence service by publication within ninety days from the date of filing the complaint. If the action is commenced by service on one or more of the defendants or by publication, the plaintiff shall file the summons and complaint within ninety days from the date of service. If following service, the complaint is not so filed, or following filing, service is not so made, the action shall be deemed to not have been commenced for purposes of tolling the statute of limitations.
[ 1971 ex.s. c 131 s 1; 1955 c 43 s 3. Prior: 1903 c 24 s 1; Code 1881 s 35; 1873 p 10 s 35; 1869 p 10 s 35; RRS s 167, part.]
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