§
Rules of
Civil Procedure.com
State & Federal
North Dakota Rules of Civil Procedure

Rule 3

Commencing an Action

A civil action is commenced by the service of a summons.

Credits

[Amended effective March 1, 2011; March 1, 2015.]

Explanatory Note

Rule 3 was amended, effective March 1, 2011. The explanatory note was amended, effective March 1, 2015.

All that is required to commence a civil action is the service of a summons on a defendant. This is unlike Fed.R.Civ.P. 3, which requires the filing of a complaint with the court to commence an action. Rule 4(c) sets out the contents of the summons and explains service of the complaint. An action is not commenced for the purpose of tolling a statute of limitation except as provided in N.D.C.C. § 28-01-38.

Rule 3‘s title was amended, effective March 1, 2011.

Sources

Joint Procedure Committee Minutes of September 26, 2013, page 29; January 24, 2008, pages 14-15; September 20-21, 1979, page 4.

Statutes Affected

CONSIDERED: N.D.C.C. § 28-01-38.

Cross References

N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction–Process–Service).