Commencement Of Action Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Commencement Of Action, written in plain English, along with examples of how it is used.

What is Commencement Of Action?

Filing of wriiten complaint with the court by the plaintiff against someone which initiates legal proceedings is called commencement of action.

History and Meaning of Commencement Of Action

Commencement of action refers to the act of initiating legal proceedings in a court of law. It is the first step taken by a plaintiff to institute a lawsuit against someone. The complaint is then filed in the court by the plaintiff, which sets the legal process in motion.

The term 'commencement of action' is used in both civil and criminal contexts. It is a formal term used by lawyers, attorneys, and judges. It is essential because without the filing of a written complaint with the court, a lawsuit or legal proceeding cannot begin. The filing of the complaint sets out the allegations or the issues the plaintiff wishes the court to resolve.

Examples of Commencement Of Action

  1. If a person is harmed, he can commence an action against another person by filing a lawsuit in a court of law.
  2. When a person wants to initiate a criminal proceeding against someone, he can start by filing a police complaint.
  3. A landlord can start a lawsuit against a tenant for breach of contract by filing a complaint.
  4. A company can commence an action against a competitor for violation of intellectual property rights by filing a lawsuit in court.
  5. A person who has suffered damages due to another's negligence can commence an action against the negligent party.

Legal Terms Similar to Commencement Of Action

  1. Pleading: It refers to the formal written documents submitted to the court by the parties in a lawsuit. The pleading includes the complaint, answer, and counterclaims.
  2. Lawsuit: It is a legal action taken by one party against another party to resolve a dispute between them.
  3. Jurisdiction: It refers to the power of the court to hear and determine a case. The court must have jurisdiction on the subject matter and the parties involved in the lawsuit.