A civil action is commenced by filing a complaint with the court.
Rule 4:2-2.Commencement of action
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:2-2 states how a New Jersey civil case begins: a civil action is commenced by filing a complaint with the court.
Full Text of Rule 4:2-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Source-R.R. 4:3-1.
Plain-English Summary
Filing starts the case. The moment the complaint is filed with the court, the action exists — that is the event that stops a limitations clock and sets the litigation in motion. Service on the defendant comes afterward and is governed by its own rules.
The distinction matters for deadlines. Because commencement turns on filing rather than service, a plaintiff who files in time has begun the action even if the defendant is served later. The summons must still issue and be served within the periods the later rules set.
Frequently Asked Questions
What starts a civil action in New Jersey?
Filing a complaint with the court. Commencement does not depend on serving the defendant, though service follows under Rules 4:4-1 and following.
Does filing stop the statute of limitations?
Filing the complaint is the act that commences the action for limitations purposes. Confirm the specific limitations rules for your claim, since some situations carry additional requirements.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:2-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: commencement of actionhow to start a lawsuitfiling a complaintwhen a case begins