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"Action is commenced by service"

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The FindLaw article - 

What to Expect - A Lawsuit Chronology 

states, "In jurisdictions where an action is commenced by service, the action can go on for a long time before the court ever becomes involved."

 

Question - What are the jurisdictions - locations -

anywhere in the United States - where 

"action is commenced by service"?

 

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I couldn't begin to answer the question asked.  However, Rule 3 of the Federal Rules of Civil Procedure ("FRCP") provides that "[a] civil action is commenced by filing a complaint with the court."

 

According to the Wikipedia article for the FRCP, "[t]hirty-five states have adopted procedural codes based on the Federal Rules."  I cannot verify that number, and the article contains no citation for that statement, but the number sounds right to me.  It is therefore reasonable to assume that most (albeit perhaps not all) of those states have a rule similar to FRCP 3.  In addition, I can tell you that, in California and Louisiana (neither of which have rules based on the FRCP), as well as in Iowa and Arkansas, civil actions are commenced with the filing of a complaint with the court.  I also know that, in Minnesota, civil actions are commenced by service, not filing, which leaves no more than 12 states that I cannot account for (although I believe, but am not sure, that, in New York, which also doesn't have rules based on the FRCP, civil actions are commenced by the filing of a complaint with the court).

 

Is this just a question of general interest, or is there some particular state(s) about which you're interested?

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Dear pg1067 and Other Friends

 

QUESTION

What

STATUTES – LAWS – CODES – ACTS – RULES

STATE – GOVERN – COVER – EMBODY – EXPRESS

 

especially in New York State

 

“PERMISSIVE FILING SYSTEMS – ACTION IS COMMENCED BY SERVICE – THE ACTION CAN GO ON FOR A LONG TIME BEFORE THE COURT EVER BECOMES INVOLVED - NOTHING NEEDS TO BE FILED UNTIL THE CASE REACHES A POINT WHERE DIRECT JUDICIAL MANAGEMENT IS ABSOLUTELY NECESSARY.”

 

The above Quotation by

 

Professor David D. Siegel – acknowledged Judicial Authority

New York Practice – Publisher St. Paul: West Group, 3rd ed. - pages 118-120

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15 hours ago, legalresearch1111 said:

QUESTION

What

STATUTES – LAWS – CODES – ACTS – RULES

STATE – GOVERN – COVER – EMBODY – EXPRESS

 

 

especially in New York State

 

Huh?

 

It would be better if you used normal sentence structure.  Writing - everything - with - dashes - between - words - is - hard - to - understand.  Also, don't use all caps.

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