Rule 3.Commencement of an action

Rule 3 answers a question that sounds simple but carries real consequences: when does a case officially start? Indiana ties commencement to three things happening together, not just one. First, a party files a complaint, or whatever equivalent document a statute allows for a particular kind of proceeding. Second, the filer pays the required fee, or files a court order waiving it. Third, if the case requires service of process, the filer gives the clerk enough copies of the complaint and summons to get that service done.

That three-part structure sets Indiana apart from the plainer federal rule, which treats a case as commenced the moment the complaint is filed. Indiana courts have applied Rule 3 strictly: missing any one of the three pieces — even paying a fee that comes up short, or filing a complaint without tendering a summons — can mean a court treats the action as not yet commenced. That matters most when a filing deadline, like a statute of limitations, is about to run, because the commencement date is also the date used to test whether the case was filed on time.

Beyond the limitations clock, the date an action commences under Rule 3 also controls when other Trial Rules kick in — the rules governing discovery, summary judgment, and provisional remedies all measure their own timing from commencement.