Action

The time when an action may begin depends on the kind of action involved. A plaintiff cannot start a lawsuit until the cause of action has accrued. For example, a man who wants to use a parcel of land for a store where only houses are allowed must begin by applying for a variance from the local ZONING board. He cannot bypass the board and start an action in court. His right to sue does not ACCRUE until the board turns down his request.

Neither can a person begin an action after the time allowed by law. Most causes of action are covered by a STATUTE OF LIMITATIONS, which specifically limits the time within which to begin the action. If the law in a particular state says that an action for LIBEL cannot be brought more than one year after publication of a defamatory statement, then those actions must be initiated within that statutory period. Where there is no statute that limits the time to commence a particular action, a court may nevertheless dismiss the case if the claim is stale and if litigation at that point would not be fair.

A plaintiff must first select the right court, then an action can be commenced by delivery of the formal legal papers to the appropriate person. Statutes that regulate proper procedure for this must be strictly observed. A typical statute specifies that an action may be begun by delivery of a summons, or a writ on the defendant. At one time, common-law actions had to be pleaded according to highly technical FORMS OF ACTION, but now it is generally sufficient simply to serve papers that state facts describing a recognized cause of action. If this SERVICE OF PROCESS is done properly, the defendant has fair notice of the claim made against him or her and the court acquires jurisdiction over him or her. In some cases, the law requires delivery of the summons or writ to a specified public officer such as a U.S. marshal, who becomes responsible for serving it on the defendant.