RULE 3. COMMENCEMENT OF ACTION
A civil action is commenced by
the service of a summons filing a complaint with the district court.
All that is required to commence a civil action is the service of a summons upon a defendant. This is unlike Fed.R.Civ.P. 3, which requires the filing of a complaint with the court in order to commence an action. Rule 3 was amended, effective , to provide that a civil action is commenced by filing a complaint with the district court. This requirement is identical to Fed.R.Civ.P. 3. Rule 3 was derived from Section 28-0501, North Dakota Revised Code of 1943.
See also Rule 4(c) concerning contents of the summons and service of the complaint with the summons.
SOURCES: Joint Procedure Committee Minutes of ; September 20-21, 1979, page 4.
SUPERSEDED: N.D.R.C. § 28-0501 (1943).
CROSS REFERENCE: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction--Process--Service).