What are the two requirements to commence a case?

• A. File process with county clerk; Serve process within 120 days after filing process.
• B. File complaint with court; Pay filing fee within 60 days.
• C. Obtain summons; File motion to dismiss.
• D. File memorandum; Serve process within 90 days.

Answer: (A)

To commence a civil action, you must do two things: start the case by filing the process with the court clerk, and ensure the defendant is notified by serving the process within a set time frame (in this context, within 120 days after filing). Filing the process puts the case on the court’s docket and gives the court authority to hear it. Serving the process within the 120-day window guarantees due process, since the defendant has actual notice and an opportunity to respond. If service isn’t completed in time, the case can be dismissed for lack of prosecution or improper service, and you may need to start over. The other options describe steps that aren’t the essential two required actions to begin a case.