EFFECTIVE SEPT. 1, 2001, the law governing when an action is commenced for purposes of determining whether the statute of limitations has run out has been changed.

Historically, the rule was that "a suit is commenced when the writ is filled out with the intention of having it served on the defendant." Hodgdon v. Weeks Mem. Hosp., 122 N.H. 424,426,445 A.2d 1116, 1117-18(1983). Now, however, in order to create a "bright-line test allowing courts to...accurately determine which claims are untimely," DeSaulnier, v. Manchester School District, 140 N.H. 336, 340, 667 A. 2d 1380 (1995) (Thayer, J. dissenting) new Superior Court Rule 2 has been adopted, which provides that an action will be deemed commenced for purposes of complying with the statute of limitations on the date of service of the writ, or the date of the entry of the writ, whichever event occurs first.

It is important to note, however, that the change does not require that all writs of summons be filed with the court before service. Only in those few cases in which there is a concern that the statute of limitations may run before the defendant can be served should the writ be filed first with the court to establish when the action commenced.

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