A civil action is commenced by the filing of a complaint and all other required documents together with the fees prescribed by law. Incarcerated individuals, attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing, and self- represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b) may deposit the complaint and all other required documents with said fee in the mail addressed to the clerk or file the documents at the clerk's office.
Rule 3.Commencement of Action.
Current through February 2024 · Last verified July 8, 2026
In one sentenceRule 3 states that a civil action in Rhode Island Superior Court begins the moment a complaint and all required documents, along with the required fees, are filed with the court.
Full Text of Rule 3
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Rule 3 answers a basic but important question: when does a lawsuit officially start? The answer is filing, not service. A civil action is commenced when the plaintiff files the complaint and all other required documents, together with the fees the law requires. That filing date matters for statutes of limitations, for the one-hundred-twenty-day service clock in Rule 4(l), and for other deadlines that run from the start of the case.
Because Rule 1(b) generally requires electronic filing, most complaints reach the court through the Electronic Filing System. Rule 3 preserves an alternative for people who are not required to file electronically: incarcerated individuals, attorneys who have obtained a waiver under Article X, Rule 3(c), and self-represented litigants who choose not to e-file. Those filers may mail the complaint and fee to the clerk or bring them to the clerk’s office in person, and the action still commences on filing.
Frequently Asked Questions
When does a lawsuit officially begin in Rhode Island Superior Court?
Under Rule 3, a civil action begins when the plaintiff files the complaint and all other required documents with the court along with the required fees. Filing, not the later step of serving the defendant, is what starts the case.
Do I have to e-file my complaint to start a case?
Most attorneys and Registered Users do, because Rule 1(b) makes electronic filing mandatory. But Rule 3 lets incarcerated individuals, attorneys with an Article X waiver, and self-represented litigants who have not elected to e-file commence an action by mailing the complaint and fee to the clerk or filing them in person at the clerk’s office.
What has to be filed to commence an action under Rule 3?
The complaint itself, along with any other documents the rules require to accompany it, and the fees prescribed by law. Filing all of these together with the court is what starts the civil action.
Source & verification. The rule text is reproduced verbatim from the
official Rhode Island Superior Court Rules of Civil Procedure (R.I. Super. Ct. R. Civ. P. 3). Prescribed by the Supreme Court of Rhode Island (R.I. Gen. Laws § 8-6-2). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
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