Roshelli v. Sperry

CLARK, Judge.

The issue underlying the ultimate determination of whether the trial court erred in denying the defendant’s motion to dismiss is whether this action was commenced and, if so, when.

Under G.S. 1A-1, Rule 3, a civil action is commenced by filing a complaint with the court. Rule 4(a) provides, in pertinent part: “Upon the filing of the complaint, summons shall be issued forthwith, and in any event within five days.” The North Carolina Rules of Civil Procedure are modeled after the Federal Rules and are numbered to correspond to them. Federal Rule 4 provides, in part, that “Upon the…