Supreme Court Rules - Rule 53 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Commencement of Civil Action: Commencement of Civil Action

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Supreme Court Rules

		Section/Rule:	53.01
Subject:	Rule 53 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - Commencement of Civil Action	Publication / Adopted Date:	April 21, 1972
Topic:	Commencement of Civil Action	Revised / Effective Date:	December 1, 1972

53.01. Commencement of Civil Action

A civil action is commenced by filing a petition with the court.

(Adopted April 21, 1972, eff. Dec. 1, 1972.)

Committee Note - 1974

This is the same as Rule 3 of the Federal Rules of Civil Procedure with the term "complaint" changed to "petition."

Former Rule 53.01, repealed in 1972, provided as follows:

"Civil actions may be instituted, except when a statute or these rules otherwise provide, either (1) by filing in the office of the clerk of the proper court a petition setting forth the plaintiff's cause or causes of action, and the remedy sought, and by the voluntary appearance of the adverse party thereto; or (2) by filing such petition in such office, and suing out thereon a writ of summons against the person or of attachment against the property of the defendant. The filing of a petition and suing out of process therein shall be deemed the commencement of a civil action."