Dickson, J.
This case presents a question of first impression: whether, under Indiana’s Medical Malpractice Act a proposed medical malpractice complaint is considered “filed” upon deposit with a private delivery service or upon receipt. [Footnote omitted.] The Court of Appeals affirmed the trial court’s grant of summary judgment, finding that such proposed complaint is filed upon receipt. We now grant transfer and hold that the commencement of a medical malpractice action occurs when a copy of the proposed complaint is deposited for mailing by registered or certified mail or by certain private delivery services and that the plaintiff’s action was timely filed in this case.
….
Our decision constitutes a refusal to elevate form over substance. “We are unwilling to fortify the armory of those who attack the law as famous for its ability to elevate form over substance.” State ex rel. Attorney Gen. v. Lake Superior Court, 820 N.E.2d 1240, 1252 (Ind. 2005); see In re Estate of Robertson, 859 N.E.2d 772, 778–79 (Ind. Ct. App. 2007) (J. Robb, dissenting), trans. not sought. We see no substantive difference between a proposed medical malpractice complaint mailed via FedEx Priority Overnight, tracking and return receipt requested, and a proposed complaint mailed via USPS registered and certified mail. And neither does the Indiana General Assembly, as evident by their adoption of Indiana Code section 1-1-7-1.
Conclusion
For these reasons, we conclude that the plaintiff’s medical malpractice action was timely filed. We reverse the grant of the defendants’ motions for summary judgment asserting the statute of limitations and remand for further proceedings consistent with this opinion. As to all other claims, we summarily affirm the Court of Appeals.
Rucker, David, Massa, Rush, JJ., concur.