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Nett v. Bellucci9/4/2002
atutes of repose. By way of analogy, if the filing of an original complaint failed in some manner to comport with a local rule but, notwithstanding that failure, was filed with the clerk on a particular day, the action would be "commenced" on that day under rule 3. A party who fails to comply with a local rule concerning the filing of a complaint or a motion always runs the risk that that filing may be rejected by the clerk, or struck at some later date, or that the violation may result in some other adverse consequence, but if the filing is accepted and not struck, the filing date remains as the operative date for purposes of compliance with a statute of repose.
4. Conclusion. As to the first certified question, we respond that the operative date for commencement of an action for purposes of our statutes of repose is the date of filing of a motion for leave to amend a complaint to add a party. As to the second certified question, we respond that the policies underlying our statutes of repose permit the court in its discretion to excuse noncompliance with the local rules.
The Reporter of Decision is to furnish attested copies of this opinion to the clerk of this court. The clerk in turn will transmit one copy, under the seal of this court, to the clerk of the United States Court of Appeals for the First Circuit, as the answers to the questions certified, and will also transmit a copy to each party.
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