RULE 3. COMMENCING AN ACTION
A civil action is commenced by the service of a summons.EXPLANATORY NOTE
Rule 3 was amended, effective March 1, 2011;______________________.
All that is required to commence a civil action is the service of a summons on a defendant. This is unlike Fed.R.Civ.P. 3 which requires the filing of a complaint with the court to commence an action. Rule 4(c) sets out the contents of the summons and explains service of the complaint.
An action is not commenced for the purpose of tolling a statute of limitations except as provided in N.D.C.C. § 28-01-38.
Rule 3's title was amended, effective March 1, 2011.
Sources: Joint Procedure Committee Minutes of ____________________; January 24, 2008, pages 14-15; September 20-21, 1979, page 4.
Considered: N.D.C.C. § 28-01-38.
Cross Reference: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction--Process--Service).