RULE 3. COMMENCEMENT OF ACTION
A civil action is commenced by
the service of a summons filing a complaint with the court.
Rule 3 was amended, effective _______________, to require filing of the complaint to commence a civil action. The amendment is part of a general revision of the Rules of Civil Procedure to establish a system of commencement by filing in North Dakota.
All that is required to commence a civil action is the service of a summons 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.
Sources: Joint Procedure Committee Minutes of ______________ page _____; September 20-21, 1979, page 4; Fed.R.Civ.P. 3.
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).