RULE 3. COMMENCEMENT OF ACTION
A civil action is commenced by the service of a summons together with a copy of the a complaint, as provided by Rule 4, or by filing a complaint.
Rule 3 was amended, effective _______________.
All that is required to commence a civil action is the service of a summons and a copy of the complaint upon a defendant.
This is unlike Rule 3, F.R.Civ.P., which requires the filing of a complaint with the court in order to commence an action. Rule 3 was derived from N.D.R.C. 1943 § 28-0501. See also Rule 4(c) concerning contents of the summons and service of the complaint. In the alternative, an action may be commenced by filing a complaint.
Sources: Joint Procedure Committee Minutes of ______________ page _____; September 20-21, 1979, page 4.
Superseded: N.D.R.C. 1943 § 28-05-01; N.D.C.C. § 28-01-38.
Cross Reference: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction--Process--Service).