M E M O
TO: Joint Procedure Committee
FROM: Tom Tudor
RE: Rule 3, N.D.R.Civ.P.; Commencement of Action
The Public Trust and Confidence Implementation Committee has requested the Joint Procedure Committee to review the concept of requiring the filing of a summons and complaint to commence an action. The purpose of implementing this requirement, as stated in the letter, would be to allow earlier control of a case by the district court judge.
Rule 3 presently provides that a civil action is commenced by the service of a summons. No notice need be given to the court at that time that an action has been commenced.
Attached is a proposal which amends this rule to provide that a civil action is commenced by filing a complaint with the district court. This amendment conforms Rule 3 to Fed.R.Civ.P. 3.
This amendment requires conforming changes to Rule 4, N.D.R.Civ.P.