Joint Procedure Committee - September 1999 Agenda

Joint Procedure Committee - September 1999 Agenda

-N.D.R.Civ.P.

RULE 3. COMMENCEMENT OF ACTION

A civil action is commenced by the ~~service of a summons~~ filing of a complaint in the office of the clerk of district court in the county of venue and must be completed before or simultanoues with the issuance of the 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.

Rule 3 was amended, effective ________________________, to provide for commencement of an action by filing rather than service.

SOURCES: Joint Procedure Committee Minutes of __________________________; September 20-21, 1979, page 4.

STATUTES AFFECTED:

SUPERSEDED: Section § 28-0501, NDRC 1943; Section 28-01-38, N.D.C.C.

CROSS REFERENCE: Rule 4 (Persons Subject to Jurisdiction Process Service), N.D.R.Civ.P.