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N.D.R.Civ.P. 3

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 3 Commencing an Action

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Rule Text

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

Amendment history: (Adopted Sept. 20, 1979; amended Mar. 1, 2011, Mar. 1, 2015.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

A lawsuit officially starts when someone delivers a summons to the other party. This is different from how it works in many other places, where filing papers with the court is what starts the case. In North Dakota, the key moment is serving the summons on the person or business being sued.

This matters because deadlines often depend on when the case officially begins. If you're the one suing, you need to make sure the summons gets properly delivered to the other side. If you're being sued, the date you receive the summons is likely the date the case against you legally started, even if nothing has been filed with the court yet.

Serving the summons the right way is a critical first step. If it's not done correctly, it can cause problems with the case later on, including questions about whether the court even has authority over the person being sued.

Committee Notes

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).

← Previous Rule 2: One Form of Action Next → Rule 4: Persons Subject to Jurisdiction; Process; Service