Revised Code of Washington
Chapter 4.16 - Limitation of Actions.
4.16.170 - Tolling of statute—Actions, when deemed commenced or not commenced.

RCW 4.16.170
Tolling of statute—Actions, 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 § 1; 1955 c 43 § 3. Prior: 1903 c 24 § 1; Code 1881 § 35; 1873 p 10 § 35; 1869 p 10 § 35; RRS § 167, part.]

Structure Revised Code of Washington

Revised Code of Washington

Title 4 - Civil Procedure

Chapter 4.16 - Limitation of Actions.

4.16.005 - Commencement of actions.

4.16.020 - Actions to be commenced within ten years—Exception.

4.16.030 - Actions to foreclose special assessments.

4.16.040 - Actions limited to six years.

4.16.050 - Action on irrigation or drainage district warrant.

4.16.060 - Action on irrigation district bonds.

4.16.070 - Actions limited to five years.

4.16.080 - Actions limited to three years.

4.16.090 - Action to cancel tax deed.

4.16.100 - Actions limited to two years.

4.16.110 - Actions limited to one year.

4.16.115 - Special provisions for action on penalty.

4.16.130 - Action for relief not otherwise provided for.

4.16.150 - Action on mutual open accounts.

4.16.160 - Application of limitations to actions by state, counties, municipalities.

4.16.170 - Tolling of statute—Actions, when deemed commenced or not commenced.

4.16.180 - Statute tolled by absence from state, concealment, etc.

4.16.190 - Statute tolled by personal disability.

4.16.200 - Statute tolled by death.

4.16.210 - Statute tolled—By war as to enemy alien.

4.16.220 - Statute tolled—As to person in military service of United States.

4.16.230 - Statute tolled by judicial proceedings.

4.16.240 - Effect of reversal of judgment on appeal.

4.16.250 - Disability must exist when right of action accrued.

4.16.260 - Coexisting disabilities.

4.16.270 - Effect of partial payment.

4.16.280 - New promise must be in writing.

4.16.290 - Foreign statutes of limitation, how applied.

4.16.300 - Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property.

4.16.310 - Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Accrual and limitations of actions or claims.

4.16.320 - Actions or claims arising from construction, alteration, repair, design, planning, survey, engineering, etc., of improvements upon real property—Construction.

4.16.325 - Actions or claims arising from construction defect claims—Statute tolled.

4.16.326 - Actions or claims for construction defect claims—Comparative fault.

4.16.327 - Actions or claims for construction defects—Emergency repairs.

4.16.340 - Actions based on childhood sexual abuse.

4.16.350 - Action for injuries resulting from health care or related services—Physicians, dentists, nurses, etc.—Hospitals, clinics, nursing homes, etc.

4.16.360 - Application of chapter to parentage action.

4.16.370 - Actions against personal representative or trustee for breach of fiduciary duties—Statute of limitations.