Legal Definitions - commencement of action

Commencement of action refers to the official start of a legal case or proceeding. It is the specific moment when a formal legal process is initiated, typically by submitting the required documents to a court or an administrative body. This act formally brings the matter into the legal system, setting in motion the subsequent steps, such as notifying other parties and scheduling hearings.

Here are a few examples to illustrate this concept:

• Imagine a homeowner who discovers significant structural defects in their newly built house, which they believe are due to the builder's negligence. When their attorney drafts and files a formal complaint with the civil court, accusing the builder of breach of contract and negligence, that specific filing marks the commencement of action. Before this point, it was a dispute; after the filing, it becomes an official lawsuit within the court system.

• Consider a situation where a state licensing board receives a complaint alleging professional misconduct by a doctor. If, after an initial investigation, the board decides there's enough evidence to proceed, they might issue a formal notice of charges or an administrative complaint against the doctor. The moment this official document is filed with the board's administrative tribunal, initiating a formal hearing process, it signifies the commencement of action in that administrative proceeding.

• Suppose a landlord wishes to evict a tenant for repeated non-payment of rent. In many jurisdictions, the landlord must file an unlawful detainer complaint or a similar petition with the appropriate housing court. The act of submitting this formal document to the court, requesting a judge to order the tenant's removal, constitutes the commencement of action for the eviction process. This filing officially starts the legal proceedings to regain possession of the property.