ND · rules
N.D. R. Civ. P. 3
Commencing an Action
A civil action is commenced by the service of a summons.
History
Rule 3 was amended, effective March 1, 2011. The explanatory note was amended, effective March 1, 2015. All that is required to commence a civil action is the service of a summons on a defendant. This is unlike Fed.R.Civ.P. 3, which requires the filing of a complaint with the court to commence an action. Rule 4(c) sets outs the contents of the summons and explains service of the complaint. An action is not commenced for the purpose of tolling a statute of limitation except as provided in N.D.C.C. § 28-01-38. Rule 3's title was amended, effective March 1, 2011. SOURCES: Joint Procedure Committee Minutes of September 26, 2013, page 29; January 24, 2008, pages 14-15; September 20-21, 1979, page 4. STATUTES AFFECTED: CONSIDERED: N.D.C.C. § 28-01-38. CROSS REFERENCE: N.D.R.Civ.P. 4 (Persons Subject to Jurisdiction Process Service).
Provenance
- Source
- www.ndcourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
b216a9742b55660f2093557b65975d061a6c0fa66c0caf673965b0133328a1b0
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