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2002 U.S. Code
Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
TITLE 28 - APPENDIX
General Order No. 41
Rule 3 - Commencement of Action

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Metadata
Publication TitleUnited States Code, 2000 Edition, Supplement 2, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 28 - JUDICIARY AND JUDICIAL PROCEDURE
TITLE 28 - APPENDIX
General Order No. 41
II. COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
Rule 3 - Commencement of Action
Containsrule 3
Date2002
Laws in Effect as of DateJanuary 6, 2003
Positive LawYes
Dispositionstandard


Rule 3. Commencement of Action

A civil action is commenced by filing a complaint with the court. See RCFC 40.2(a).

Rules Committee Note

In the interest of achieving greater uniformity with the corresponding federal rule, a number of changes have been made to RCFC 3. First, subdivision (a) was fully conformed to the federal rule; the reference to RCFC 40.2 calls attention to this court's “related case” rule. Second, former subdivision (b), which addressed disputes regarding filing dates, was deleted—both in the interest of uniformity and in the belief that it was inappropriate to include a rule of decision as part of a procedural rule. Third, former subdivision (c) (prescribing a cover sheet and identifying the number of copies required for filing), was moved to RCFC 5.3(d).

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