Which statement correctly describes when a civil action is commenced under the Federal Rules of Civil Procedure?

Which statement correctly describes when a civil action is commenced under the Federal Rules of Civil Procedure?

• A. The action commences when the defendant is served
• B. The action commences when the complaint is filed
• C. The action commences when discovery begins
• D. The action commences when a default is entered

Answer: (B)

The key concept is when a federal civil action actually begins. Under Rule 3, an action is commenced by filing a complaint with the court. Service on the defendant does not start the action; it’s the filing that creates the action and gives the court jurisdiction over the case. Discovery comes later in the case, and a default is an outcome after the action has already commenced. For example, if the complaint is filed on January 1, the action is commenced on that date, even if service on the defendant happens later. The filing date marks the start of the action for purposes of jurisdiction and related timing.

The key concept is when a federal civil action actually begins. Under Rule 3, an action is commenced by filing a complaint with the court. Service on the defendant does not start the action; it’s the filing that creates the action and gives the court jurisdiction over the case. Discovery comes later in the case, and a default is an outcome after the action has already commenced. For example, if the complaint is filed on January 1, the action is commenced on that date, even if service on the defendant happens later. The filing date marks the start of the action for purposes of jurisdiction and related timing.