Rule 3.Commencement of Action
Part II: Commencement of Action — Service of Process, Pleadings, Motions and Orders · Last amended 1966 · Last verified July 16, 2026
Full Text of Rule 15-6-3
Plain-English Summary
Rule 15-6-3 is a short pointer rule. Rather than spelling out how a civil action begins, it directs litigants to §§ 15-2-30 and 15-2-31 for that mechanic. Commencement matters because it is the trigger for statutes of limitations, for the clock on service deadlines, and for many other time-sensitive steps that follow throughout a case.
By cross-referencing rather than restating the commencement procedure, Rule 15-6-3 keeps the timing rules for starting a case in one place rather than duplicating them across the rules of civil procedure and the broader code. That matters when the legislature or the courts later revise how actions are commenced — the change only needs to happen where the substantive rule lives, and this rule’s pointer stays accurate.
Once an action is commenced, the rest of this chapter takes over — process must be issued and served under Rule 15-6-4, and pleadings must follow the form and content rules in Rules 15-6-7 through 15-6-10. Rule 15-6-3 is the hinge between the commencement mechanics found elsewhere in the code and everything this chapter governs from that point forward.
Frequently Asked Questions
How does a civil action begin in South Dakota?
Rule 15-6-3 does not set out its own commencement procedure. It states that a civil action is commenced as provided in §§ 15-2-30 and 15-2-31.
Why doesn’t Rule 15-6-3 describe how to start a lawsuit directly?
The rule instead cross-references §§ 15-2-30 and 15-2-31, keeping the commencement mechanics in a single place in the code rather than restating them within the rules of civil procedure.
What happens after an action is commenced under this rule?
Rule 15-6-3 itself does not describe the next steps, but the chapter it introduces governs what follows, including issuing and serving process under Rule 15-6-4 and filing the required pleadings under Rules 15-6-7 through 15-6-10.
Does Rule 15-6-3 apply to every kind of civil action?
Rule 15-6-3 states the commencement procedure for a civil action generally, without carving out an exception of its own; any exceptions to the chapter’s scope come from § 15-6-81, not this rule.
Is commencement the same thing as service of the summons?
No. Rule 15-6-3 addresses commencement of the action by pointing to §§ 15-2-30 and 15-2-31, while service of the summons and complaint on the defendant is governed separately by Rule 15-6-4.