Rule 3.Commencement of action.

Last amended September 3, 2025 · Last verified July 6, 2026

In one sentenceRule 3 starts the clock on a lawsuit: a civil action officially begins the moment a complaint is filed with the court, and, for most circuit court cases, an informational cover sheet must be filed alongside it, though leaving the cover sheet off does not undo the filing.

Full Text of Rule 3

Text sizeJump to: (a) (b) (dc)

(a) Filing the Complaint. A civil action is commenced by filing a complaint with the court.

(b) Filing the Informational Cover Sheet.

(1) Cases Commenced in the Circuit Court. Except in domestic-relations cases, each initial complaint must be filed with an informational cover sheet that has been completed and signed by the plaintiff or their attorney (see Form 93 appended to these rules).

(2) Appeals to the Circuit Court from the District Court or the Probate Court. In cases appealed to the circuit court from the district court or the probate court, the notice of appeal must be filed with an informational cover sheet that has been completed and signed by the appellant or their attorney (see Form 93 appended to these rules).

(3) Failure to Include an Informational Cover Sheet. The failure to include the required informational cover sheet does not invalidate the commencement of the case or the appeal. In that situation, the clerk must accept the complaint or the notice of appeal and inform the filing party of this rule's requirements. The filing party or their attorney must promptly file a properly completed cover sheet. If no completed cover sheet is filed, the court may treat that failure as contempt of court and may issue:

(A) an order staying the case or the appeal until the cover sheet is filed;

(B) an order dismissing the case or the appeal, but only after giving proper notice; or

(dc) District Court Rule. With the exception of Rule 3(b)(1), Rule 3 applies in the district courts.

Amendment History

[Amended 8-27-91, eff. 10-1-91; Amended eff. 10-24-2008; Amended eff. 9-3-2025.]

Committee Comments

Committee Comments on 1973 Adoption

This rule is in accord with existing Alabama practice. Code of Ala., Tit. 7, § 43. That section of the Code also listed the persons with whom the complaint could be filed. This matter is now covered by Rule 5(e).

Under the rules it will not be necessary to file the summons along with the complaint. Compare Code of Ala., Tit. 7, § 182. Instead, upon filing of the complaint, the clerk is required forthwith to issue a summons and deliver it to a proper person for service. Rule 4(a).

By virtue of this rule, filing of the complaint “commences” the action for purposes of the statute of limitations even though actual service may not be made until some time thereafter, at least where the plaintiff uses due diligence in attempting to make service. Horn v. Pope, 205 Ala. 127, 87 So. 161 (1920). And filing, even without service, is the date from which is to be reckoned the availability of such procedures as a motion for summary judgment, Rule 56(a). See Edwin H. Morris & Co., Inc. v. Warner Bros. Pictures, Inc., 10 F.R.D. 236 (S.D.N.Y.1950).

Rule 5(e) defines filing with the court as accomplished by filing the papers with the clerk, or, by permission of the judge, filing them with the judge to be transmitted by him to the clerk. In some circumstances papers are to be filed with the register in chancery rather than with the clerk. See Rule 5 and Rule 79(f) and notes thereto.

Court Comment to Amendment Effective October 1, 1991

The amendment adding Rule 3(b) and (c) and modifying 3(dc) provided for the use of cover sheets in civil actions. These sheets will give the court more detailed information to enhance court management decisions.

Committee Comments to Amendment to Rule 3(b) Effective October 24, 2008

This is a technical amendment intended to encompass both paper and electronic filings. No substantive change is intended.

Committee Comments to the Amendment of Rule 3 Effective September 3, 2025

These changes are intended to be stylistic only.

Note from the reporter of decisions: The order amending effective October 24, 2008, Rule 3, Rule 4, Rule 5, Rule 6, Rule 11, Rule 55, Rule 58, Rule 59.1, Rule 77, and Rule 79, and adopting effective October 24, 2008, the Committee Comments to Amendment to Rule 3(b) Effective October 24, 2008; Committee Comments to Amendments to Rule 4 Effective October 24, 2008; Committee Comments to Amendments to Rule 5 Effective October 24, 2008; Committee Comments to Amendments to Rule 6 Effective October 24, 2008; Committee Comments to Amendment to Rule 11 Effective October 24, 2008; Committee Comments to Amendment to Rule 55(a) Effective October 24, 2008; Committee Comments to Amendments to Rule 58 Effective October 24, 2008; Committee Comments to Amendment to Rule 59.1 Effective October 24, 2008; Committee Comments to Amendments to Rule 77(d) Effective October 24, 2008; and the Committee Comments to Addition of Rule 79(e) Effective October 24, 2008, is published in that volume of Alabama Reporter that contains Alabama cases from 994 So. 2d.

Note from the reporter of decisions: The order amending Rule 3, Alabama Rules of Civil Procedure, and Form 93 in Appendix I to the Alabama Rules of Civil Procedure and adopting the Committee Comments to the amendment of Rule 3, effective September 3, 2025, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.

Plain-English Summary

Rule 3 answers a simple but consequential question: when does a lawsuit legally begin? The answer is the moment the plaintiff files the complaint with the court. Nothing else needs to happen first — the summons and service on the defendant come later, but the action is already underway once the complaint is on file. That filing date matters well beyond bookkeeping, since it is often the date that counts for statute-of-limitations purposes and other deadlines tied to when a case starts.

For most cases filed in circuit court, Rule 3 also requires an informational cover sheet, signed by the plaintiff or the plaintiff’s attorney, to be filed along with the complaint. The same goes for notices of appeal to the circuit court from district or probate court. These cover sheets are separate from domestic-relations cases, and they exist to give the court basic information about the case up front rather than to serve as a substitute pleading.

Rule 3 is careful to say that missing the cover sheet is not fatal. If a party files a complaint without one, the clerk must still accept it, tell the filer about the requirement, and the case is considered commenced regardless. The rule gives the court a menu of responses if a proper cover sheet never follows — from staying the case until one is filed, to dismissing it after notice, to another appropriate order — but the missing cover sheet by itself does not erase the fact that the action began when the complaint was filed.

Frequently Asked Questions

When does a lawsuit officially begin in Alabama?

A civil action commences the moment the complaint is filed with the court, before the summons is issued or the defendant is served.

Why does the filing date matter so much?

It is generally the date used to measure whether a claim was brought within the statute of limitations and other deadlines that run from when the action started.

Is an informational cover sheet required to file a complaint?

For most circuit court cases (other than domestic-relations cases) and for certain appeals to the circuit court, yes, a completed and signed cover sheet must accompany the filing.

What happens if a complaint is filed without the required cover sheet?

The clerk must still accept the complaint and the case is still commenced; the clerk notifies the filer of the requirement, and the filer must promptly submit a completed cover sheet. If none follows, the court may respond with a stay, a dismissal after notice, or another appropriate order.

Does filing the complaint alone complete service on the defendant?

No. Filing commences the action, but the plaintiff must still have the defendant served with a summons and the complaint under the separate rules governing process and service.

Source & verification. The rule text, amendment history, and Committee Comments are reproduced verbatim from the official Alabama Rules of Civil Procedure (Ala. R. Civ. P. 3). Prescribed by the Supreme Court of Alabama (Ala. Const. amend. 328, § 6.11). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source

Also known as: commencement of actionfiling the complaintinformational cover sheetAla. R. Civ. P. 3