Rule 3.Commencing an Action

Last amended December 1, 2007 · Last verified June 30, 2026

In one sentenceRule 3 provides that a civil action is commenced by filing a complaint with the court, fixing the moment a federal lawsuit formally begins for purposes such as service under Rule 4 and certain timing questions.

Full Text of Rule 3

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A civil action is commenced by filing a complaint with the court.

End

Amendment History

(Amended April 30, 2007, effective December 1, 2007.)

Plain-English Summary

Rule 3 answers a basic question: when does a federal lawsuit begin? The answer is that the action is commenced when the plaintiff files a complaint with the court — not when the defendant is served. Filing starts the clock for steps that follow, such as the deadline to serve the summons and complaint under Rule 4.

One caution: in cases brought under state law in federal court (diversity cases), state law may decide whether filing or service stops the statute of limitations, so Rule 3 does not always control that particular question. For the mechanics of federal procedure, though, filing the complaint is the act that commences the case.

Frequently Asked Questions

How is a federal lawsuit started?

By filing a complaint with the court. Under Rule 3, filing — not serving the defendant — is the act that commences a civil action.

Does filing or serving the defendant commence a federal action?

Filing the complaint commences the action under Rule 3. Service of the summons and complaint then follows under Rule 4.

Source & verification. The rule text and amendment history are reproduced verbatim from the official Federal Rules of Civil Procedure (Fed. R. Civ. P. 3), a public-domain work of the U.S. Government. Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. · Official source

Also known as: FRCP 3Fed. R. Civ. P. 3commencing a federal lawsuitfiling a complainthow to start a federal case