Also known as: commence an action · commencing an action · commenced an action · initiation of suit · filing of complaint
Written by attorneys · grounded in primary & secondary sources — see below
The filing of the initial pleading that asserts a claim for relief and invokes the court's jurisdiction. This step marks the formal start of a civil action and determines the point at which limitations periods and procedural rules begin to apply.
Camila Cervantes and Connor Clark lived together for four years and pooled resources to renovate a shared home. After they separated Camila filed a document in state court alleging breach of an oral agreement and seeking an equitable share of the property based on her contributions. The court treated the filing as commencing an action on her contractual and equitable claims arising from the relationship.
Cynthia Cortez filed a complaint in federal court on a state-law claim one day before the state statute of limitations expired. The defendant moved to dismiss arguing that state law required service within the period. The court held that the action had commenced upon filing but that the state service rule still governed the running of the limitations period.
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Caleb Chang filed a praecipe for a writ of replevin together with an affidavit of value and bond to recover equipment from a former business partner. The prothonotary issued the writ the same day. The filing constituted commencement of the replevin action under the governing procedural rules.
Cassandra Cooper moved to Iowa and three months later filed a petition for divorce. The court dismissed the petition because state law required one year of residency before commencement. The dismissal turned on whether the action had been properly commenced under the residency statute.
Cobalt Energy sued Citadel Security in an Alabama federal court despite a contractual clause designating New York as the exclusive forum. The defendant moved to transfer or dismiss. The court treated the filing as commencing the action and then enforced the forum selection clause to transfer the case.
Colin Chambers parents filed suit in North Carolina state court against a foreign tire manufacturer after a bus accident abroad. The defendant challenged personal jurisdiction. The court examined whether the action had been commenced against an entity with sufficient contacts to the forum.
A civil action begins when a complaint is filed with the court. The complaint must assert a claim for relief and identify the parties and grounds for jurisdiction. Substance controls over the document's title or format.
Supporting sources
A document functions as a complaint and commences the action if it identifies the parties, alleges facts showing entitlement to relief, and demands a remedy. Courts examine substance rather than labels or approved forms.
Supporting sources
An individual who is or was a cohabitant may commence an action on a contractual or equitable claim arising out of contributions to the relationship. The filing is not barred or subjected to extra requirements because of the cohabitation or sexual relationship.
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…Where service by publication is proper, the action shall be deemed commenced at the date of the first publication. An attempt to commence an action shall be deemed equivalent to the commencement thereof within the meaning of this article when the party faithfully, properly and diligently endeavors to procure a service; but such attempt…