Commencement of the Action; Service of the Complaint; Filing of the Action

3.01 Commencement of the Action A civil action is commenced against each defendant: (a) when the summons is served upon that defendant; or (b) at the date of signing a waiver of service pursuant to Rule 4.05; or (c) when the summons is delivered for service to the sheriff in the county where the defendant resides personally, by U.S. Mail (postage prepaid), by commercial courier with proof of delivery, or by electronic means consented to by the sheriff's office either in writing or electronically; but such delivery shall be ineffectual unless within 60 days thereafter the summons is actually served on that defendant or the first publication thereof is made. Filing requirements are set forth in Rule 5.04, which requires filing with the court within one year after commencement for non-family cases. (Amended effective July 1, 2013; amended effective July 1, 2015; amended effective July 1, 2018; amended effective September 1, 2020.) Advisory Committee Comment - 2018 Amendments