State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1A > GS_1A-1__Rule_3

Article2.

Commencement of Action;Service of Process, Pleadings, Motions, and Orders.

Rule 3. Commencement ofaction.

(a)        A civil action iscommenced by filing a complaint with the court. The clerk shall enter the dateof filing on the original complaint, and such entry shall be prima facieevidence of the date of filing.

A civil action may also becommenced by the issuance of a summons when

(1)        A person makesapplication to the court stating the nature  and purpose of his action andrequesting permission to file his complaint within 20 days and

(2)        The court makes anorder stating the nature and purpose of the action and granting the requestedpermission.

The summons and the court's ordershall be served in accordance with the provisions of Rule 4. When the complaintis filed it shall be served in accordance with the provisions of Rule 4 or byregistered mail if the plaintiff so elects. If the complaint is not filedwithin the period specified in the clerk's order, the action shall abate.  (b) The clerk shall maintain as prescribed by the Administrative Office of theCourts a separate index of all medical malpractice actions, as defined in G.S.90‑21.11.  Upon the commencement of a medical malpractice action, theclerk shall provide a current copy of the index to the senior regular residentjudge of the district in which the action is pending. (1967,c. 954, s. 1; 1987, c. 859, s. 2.)