COMMENCEMENT OF COMMENCING AN
A civil action is commenced by the service of a summons.
Rule 3 was amended, effective March 1, 2011.
All that is required to commence a civil action is the service
of a summons
upon on a
defendant. This is unlike Rule Fed.R.Civ.P. 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
sets out the contents of the summons and
explains service of the complaint.
Rule 3's title was amended, effective March 1, 2011.
Sources: Joint Procedure Committee Minutes of January 24, 2008, pages 14-15; September 20-21, 1979, page 4.
Superseded: N.D.R.C. 1943 § 28-05-01
Considered: N.D.C.C. § 28-01-38.
Cross Reference: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction--Process--Service).