COMMENCEMENT OF ACTION Other than for purposes of statutes of limitations, an action shall be commenced by filing a complaint with the clerk of the court.
Rule 3.Commencement
Current through June 1, 2026 · Last verified July 11, 2026
In one sentenceRule 3 sets Oregon’s basic rule for starting a civil lawsuit: filing a complaint with the court clerk commences the action, with one carve-out — a different standard, not stated here, controls when a case counts as commenced for statute-of-limitations purposes.
Full Text of Rule 3
Amendment History
[CCP 12/2/78]
Plain-English Summary
Rule 3 answers a basic question with a short rule: an Oregon civil action begins the moment a complaint is filed with the clerk of the court. Filing is what commences the case — a plaintiff does not also have to serve the defendant before the action counts as pending.
The rule carves out one exception in its opening clause: for purposes of a statute of limitations, something other than the filing date can control when an action counts as commenced. Rule 3 does not spell out what that something is — it flags only that limitations deadlines follow their own rule, so a plaintiff racing a deadline should not assume that filing alone stops the clock.
Frequently Asked Questions
Does serving the defendant start an Oregon lawsuit, or does filing the complaint?
Filing does. Rule 3 says an action is commenced by filing a complaint with the clerk of the court. Serving the defendant is a separate, later step governed by other rules, not a requirement for the case to count as commenced.
Does filing a complaint always stop a statute of limitations from running?
Not necessarily. Rule 3 states its filing rule applies “other than for purposes of statutes of limitations,” which means a different standard, not spelled out in this rule, controls when a case counts as commenced for limitations purposes. A plaintiff racing a deadline should not assume that filing alone is enough.
Why does Rule 3 mention statutes of limitations without explaining them?
Rule 3 exists to state one general principle clearly: filing commences an action. Its limitations carve-out flags only that a different, more specific rule governs when a case counts as commenced for deadline purposes, so it avoids duplicating or conflicting with that separate standard here.
Source & verification. The rule text is reproduced verbatim from the
official Oregon Rules of Civil Procedure (ORCP 3). Prescribed by the Council on Court Procedures (ORS 1.735), subject to amendment, repeal, or supplementation by the Oregon Legislative Assembly. The plain-English summary is original and written by us. Last verified July 11, 2026. ·
Official source
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