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Rule 3 – Commencing of Action

May 14, 2021 | Civil Procedure, North Dakota

A civil action is commenced by the service of a summons.

N.d. R. Civ. P. 3

Joint Procedure Committee Minutes of September 20-21, 1979, page 4.

EXPLANATORY NOTE
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. ยง 28-01-38.
Rule 3 ‘s title was amended, effective March 1, 2011.
STATUTES AFFECTED: SUPERSEDED: 28 0501, NDRC 1943.

Rule 4 (Persons Subject to Jurisdiction Process Service), N.D.R.Civ.P.