commencement of action
The formal procedure by which a legal proceeding is initiated. Civil law suits commence when the party suing files a written complaint or petition with the court. Criminal proceedings are typically commenced by a prosecutor filing a petition with the court or seeking an indictment from a grand jury.
Category: Accidents & Injuries
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

commencement of action
n.
   an action (a lawsuit) commences (begins officially) when the party suing files a written complaint or petition with the clerk of the court. Under a unique New York statute a plaintiff may prepare a summons and get a case number before filing a complaint.
   See also: petition

Law dictionary. . 2013.

Look at other dictionaries:

  • Commencement of action — is the formal procedure by which legal proceedings are initiated. Commencement of civil law suits begins when the plaintiff files the complaint with the court. Criminal proceedings are typically commenced by a government prosecutor. In many U.S.… …   Wikipedia

  • commencement of action — Demanding something by the institution of process in a court of justice. Cohen v Virginia (US) 6 Wheat 408, 5 L Ed 257. In some jurisdictions, the issuance of process is the commencement of an action; in other jurisdictions an action is not… …   Ballentine's law dictionary

  • commencement of action — See commence …   Black's law dictionary

  • commencement of action — See commence …   Black's law dictionary

  • commencement of action at law — At common law, an action was commenced and pending from the first moment of the day on which the writ was issued and bore teste. Newman v Chapman, 23 Va (2 Rand) 93. For definition in accord with modern practice, See commencement of action …   Ballentine's law dictionary

  • commencement of suit in equity — The filing of a bill or complaint in the office of the clerk of the court. 27 Am J2d Eq § 177. For more modern view as to the commencement of an action, See commencement of action …   Ballentine's law dictionary

  • commencement of an action — index service (delivery of legal process) Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • pendency of action — The status of an action or suit from the time it is commenced until its final determination by judgment or order. McDowell v Blythe Bros. Co. 236 NC 396, 72 SE2d 860. The period of life of an action from the time of its commence ment to its final …   Ballentine's law dictionary

  • institution of action — The commencement of an action at law or in equity. See institution and prosecution of action …   Ballentine's law dictionary

  • splitting cause of action — Dividing a single or indivisible cause of action into several parts or claims and bringing several actions thereon. Van Brode Mill. Co. v. Kellogg Co., D.C.Del., 113 F.Supp. 845, 852. Commencement of action for only part of the cause of action.… …   Black's law dictionary

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