(a) Methods. Except as provided in rule 4.1, a civil action is commenced by service of a copy of a summons together with a copy of a complaint, as provided in rule 4 or by filing a complaint. Upon written demand by any other party, the plaintiff instituting the action shall pay the filing fee and file the summons and complaint within 14 days after service of the demand or the service shall be void. An action shall not be deemed commenced for the purpose of tolling any statute of limitations except as provided in RCW 4.16.170.
Rule 3.Commencement of action
Group 2: Commencement of Action · Last amended July 28, 2020 · Last verified July 13, 2026
In one sentenceRule 3 sets out how a civil action begins in Washington superior court — by serving a summons and complaint under Rule 4 or by filing the complaint — and requires the plaintiff to file within 14 days of a written demand or the earlier service becomes void.
Full Text of Rule 3
(b) Tolling statute. [Reserved. See RCW 4.16.170.]
(c) Obtaining jurisdiction. [Reserved. See RCW 4.28.020.]
(d) Lis pendens. [Reserved. See RCW 4.28.320 and 4.28.160.]
(e) Debt collection. No debtor shall be served with a summons and complaint unless the summons and complaint have been filed with the court and bear the case number assigned by the court. [Reserved. See RCW 19.16.250.]
Amendment History
Adopted May 5, 1967, effective July 1, 1967; amended, adopted Feb. 24, 1972, effective July 1, 1972; amended, adopted July 20, 1978, effective Sept. 1, 1978; amended July 9, 2020, effective July 28, 2020.
Plain-English Summary
A lawsuit needs a defined starting point, since so much else — deadlines to answer, priority among competing filings — depends on it. Rule 3 gives Washington plaintiffs two ways to start a civil action: serve the defendant with a summons and complaint under Rule 4, or file the complaint with the court. Either one commences the action; a plaintiff does not have to do both right away.
That flexibility comes with a protection for the defendant. If a plaintiff serves a summons and complaint but has not yet filed it, the defendant can serve a written demand requiring the plaintiff to pay the filing fee and file the case. The plaintiff then has 14 days from service of that demand to file. Miss the deadline, and the service already made becomes void — the plaintiff has to start over.
Rule 3 also separates commencing an action for procedural purposes from commencing it for statute-of-limitations purposes. Filing or serving under this rule starts the case itself moving, but it does not by itself toll a statute of limitations; that question is governed separately by RCW 4.16.170. The rule’s remaining subsections, covering tolling, obtaining jurisdiction, lis pendens, and debt-collection service, are reserved, pointing to the governing statutes rather than restating them — including a requirement that a debt collector not serve a debtor with a summons and complaint until the case has been filed and bears an assigned case number.
Frequently Asked Questions
What are the two ways to start a lawsuit in Washington superior court?
A plaintiff may serve the defendant with a copy of the summons and complaint as provided in Rule 4, or file the complaint with the court. Either method commences the action under Rule 3.
What happens if I am served with a summons and complaint that was never filed with the court?
You may serve the plaintiff with a written demand. The plaintiff then has 14 days after service of that demand to pay the filing fee and file the summons and complaint, or the service made on you becomes void.
Does serving a summons stop the statute of limitations from running?
Not automatically. Rule 3 states that an action is not deemed commenced for tolling purposes except as provided in RCW 4.16.170, so the tolling effect of filing or service is a separate statutory question.
What happens if the plaintiff misses the 14-day filing deadline after I demand it?
The service already made on you becomes void. The plaintiff would need to re-serve you if the case is to proceed.
Why does Rule 3 mention debt collectors and case numbers?
Subsection (e) reserves a rule, tied to RCW 19.16.250, against serving a debtor with a summons and complaint unless the case has already been filed with the court and bears the assigned case number.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Washington Superior Court Civil Rules, adopted by the
Supreme Court of Washington. Last verified July 13, 2026. ·
Official source
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