In one sentenceRule 3 fixes the start of a North Carolina lawsuit at the moment a complaint is filed with the court — or, in urgent cases, at the issuance of a summons under a court order granting 20 days to file the complaint, with the action abating if the complaint is not filed in that time.
(a)A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing. A civil action may also be commenced by the issuance of a summons when
(1)A person makes application to the court stating the nature and purpose of his action and requesting permission to file his complaint within 20 days and
(2)The court makes an order stating the nature and purpose of the action and granting the requested permission. The summons and the court's order shall be served in accordance with the provisions of Rule 4. When the complaint is filed it shall be served in accordance with the provisions of Rule 4 or by registered mail if the plaintiff so elects. If the complaint is not filed within the period specified in the clerk's order, the action shall abate. If electronic filing is available in the county of filing, attorneys shall file in accordance with Rule 5 of the General Rules of Practice for the Superior and District Courts. If electronic filing is available in the county of filing, self-represented litigants who are appropriately registered in the electronic filing system may file electronically in accordance with Rule 5 of the General Rules of Practice for the Superior and District Courts.
(b)Repealed by Session Laws 2017-158, s. 20, effective July 21, 2017.
Amendment History
(1967, c. 954, s. 1; 1987, c. 859, s. 2; 2017-158, s. 20; 2020-46, s. 1.)
Plain-English Summary
Rule 3 answers the question every filing deadline depends on: when does a lawsuit begin? Ordinarily, a civil action commences the moment a complaint is filed with the court. The clerk marks the filing date on the original complaint, and that entry is prima facie evidence of when the action began.
The rule also provides for an emergency alternative when there is no time to prepare a full complaint. A person may apply to the court, stating the nature and purpose of the intended action and asking for 20 days to file the complaint; if the court grants that request, the summons and the court’s order are served under Rule 4, and the action commences on issuance of that summons rather than on the eventual filing of the complaint. Once the complaint is ready, it is served under Rule 4 or, at the plaintiff’s election, by registered mail. If the complaint is not filed within the period the clerk’s order specifies, the action abates.
A separate provision that once required the clerk to track medical malpractice filings was repealed in 2017 and no longer appears in the rule. Where the county offers electronic filing, Rule 3 also lets attorneys — and self-represented litigants who are properly registered — file the complaint electronically under the General Rules of Practice for the Superior and District Courts, rather than requiring a paper filing.
Frequently Asked Questions
When does a North Carolina lawsuit officially begin?
Ordinarily on the date the complaint is filed with the court, not on the date the defendant is served. The clerk’s filing-date entry on the complaint is prima facie evidence of that date.
What happens if I need to sue but don’t have time to prepare a full complaint?
Rule 3 lets a person apply to the court for permission to file the complaint within 20 days, supported by a court order stating the nature and purpose of the action. A summons issued under that order commences the action, but the case abates if the complaint is not filed in time.
Can a complaint be filed electronically in North Carolina?
Where the county has electronic filing available, yes — attorneys and appropriately registered self-represented litigants may file electronically under the General Rules of Practice for the Superior and District Courts.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 3). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
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