RULE 3. COMMENCEMENT OF ACTION
A civil action is commenced by the
service of a summonsfiling of a complaint in the office of the clerk of district court in the county of venue and must be completed before or simultanoues with the issuance of the summons..
All that is required to commence a civil action is the service of a summons upon a defendant. This is unlike Rule 3, FRCivP, which requires the filing of a complaint with the court in order to commence an action. Rule 3 was derived from Section 28-0501, North Dakota Revised Code of 1943.See alsoRule 4(c) concerning contents of the summons and service of the complaint.
Rule 3 was amended, effective ________________________, to provide for commencement of an action by filing rather than service.
SOURCES: Joint Procedure Committee Minutes of __________________________; September 20-21, 1979, page 4.
SUPERSEDED: Section § 28-0501, NDRC 1943; Section 28-01-38, N.D.C.C.
CROSS REFERENCE: Rule 4 (Persons Subject to Jurisdiction Process Service), N.D.R.Civ.P.