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Rule3. Commencement of action.

(a)How commenced. A civil action is commenced (1)by filing a complaint with the court, or (2) by service of a summons togetherwith a copy of the complaint in accordance with Rule4. If the action is commenced bythe service of a summons and a copy of the complaint, then the complaint, thesummons and proof of service, must be filed within ten days of such service.If, in a case commenced under paragraph (a)(2) of this rule, the complaint,summons and proof of service are not filed within ten days of service, theaction commenced shall be deemed dismissed and the court shall have no furtherjurisdiction thereof. If a check or other form of payment tendered as a filingfee is dishonored, the party shall pay the fee by cash or cashier's checkwithin 10 days after notification by the court. Dishonor of a check or otherform of payment does not affect the validity of the filing, but may be groundsfor such sanctions as the court deems appropriate, which may include dismissalof the action and the award of costs and attorney fees.

(b)Time of jurisdiction. The court shall havejurisdiction from the time of filing of the complaint or service of the summonsand a copy of the complaint.

Advisory Committee Notes