A civil action is commenced by filing a complaint with the court, except when an action has been dismissed pursuant to Rule 4(w). When an action has been dismissed pursuant to Rule 4(w) and a new action is filed, it is commenced by filing a complaint with the court if service is obtained within 90 days of the applicable statute of limitations.
Rule 3.Commencement of action
Group II: Commencement of Action; Service of Process: Pleadings, Motions, and Orders · Last amended June 1, 2022 · Last verified July 14, 2026
In one sentenceRule 3 sets the moment a lawsuit legally begins — filing the complaint — and adds a special timing requirement for cases refiled after an earlier dismissal for failure to serve the defendant.
Full Text of Rule 3
Amendment History
Added February 2, 2017, effective March 1, 2017; amended March 15, 2022, effective June 1, 2022.
Plain-English Summary
Under Rule 3, a civil action starts the moment the complaint lands with the court. Nothing else needs to happen first — not service on the defendant, not a summons in hand. This matters most when a statute of limitations is about to run: filing on time is what stops the clock, even if the defendant is not served until later.
The rule then addresses a specific wrinkle. If an earlier case was dismissed under Rule 4(w) because the defendant was not served within 90 days of filing, and the plaintiff files a new action covering the same claim, that new filing only counts as commencing the action if the defendant is served within 90 days of the applicable statute of limitations. The point is to stop a plaintiff from using repeated filings to keep a stale claim alive indefinitely without ever completing service.
Frequently Asked Questions
Does the statute of limitations stop running when I file suit or when I serve the defendant?
Filing the complaint with the court is what commences the action under Rule 3, so filing is generally what stops the limitations clock.
What happens if my earlier case was dismissed for failing to serve the defendant in time?
If you file a new action on the same claim, that filing only commences the action if you serve the defendant within 90 days of the statute of limitations deadline.
What is Rule 4(w), and why does Rule 3 refer to it?
Rule 4(w) requires dismissal without prejudice when a defendant is not served within 90 days of filing, absent good cause. Rule 3 addresses what happens when a plaintiff refiles after such a dismissal.
Can I start a lawsuit just by having a summons issued, without filing a complaint?
No. Rule 3 requires filing a complaint with the court to commence a civil action.
Does refiling a dismissed case give me an unlimited number of extra chances to serve the defendant?
No. The 90-day-before-the-limitations-deadline requirement is designed to prevent using repeated refiling to indefinitely delay service.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Wyoming Rules of Civil Procedure, adopted by the
Supreme Court of Wyoming. Last verified July 14, 2026. ·
Official source
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