N.C. Gen. Stat. § 3

Current through Session Law 2024-53

Rule 3 - Commencement of action

(a) A civil action is commenced by filing a complaint with the court. The clerk shall enter the date of filing on the original complaint, and such entry shall be prima facie evidence of the date of filing.

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

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

(2) The court makes an order stating the nature and purpose of the action and granting the requested permission.

The summons and the court's order shall be served in accordance with the provisions of Rule 4. When the complaint is filed it shall be served in accordance with the provisions of Rule 4 or by registered mail if the plaintiff so elects. If the complaint is not filed within the period specified in the clerk's order, the action shall abate. If electronic filing is available in the county of filing, attorneys shall file in accordance with Rule 5 of the General Rules of Practice for the Superior and District Courts. If electronic filing is available in the county of filing, self-represented litigants who are appropriately registered in the electronic filing system may file electronically in accordance with Rule 5 of the General Rules of Practice for the Superior and District Courts.

(b) Repealed by Session Laws 2017-158, s. 20, effective July 21, 2017.

N.C. Gen. Stat. § 3

Amended by 2020 N.C. Sess. Laws 46,s. 1, eff. 10/1/2020.

Amended by 2017 N.C. Sess. Laws 158,s. 20, eff. 7/21/2017.

1967, c. 954, s. 1; 1987, c. 859, s. 2.