RULE 3. COMMENCEMENT OF ACTION
A civil action is commenced by the service of a summons.
EXPLANATORY NOTE
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 also Rule 4(c) concerning contents of the summons and service of the complaint.
SOURCES: Joint Procedure Committee Minutes of September 20-21, 1979, page 4.
STATUTES AFFECTED:
SUPERSEDED:28 0501, NDRC 1943.
CROSS REFERENCE: Rule 4 (Persons Subject to Jurisdiction Process Service), N.D.R.Civ.P.