What are the two requirements to commence a case?

• A. File process with county clerk; Pay the filing fee
• B. Serve Δ within 120 days after filing; File the complaint
• C. File a complaint; Serve summons
• D. File process with county clerk; Serve process on Δ within 120 days after filing process

Answer: (D)

Starting a civil action hinges on two essential actions: filing the process with the county clerk and then serving process on the defendant within the stated time after filing. Filing the process officially opens the case and gives the court jurisdiction to act. Serving the defendant with the summons and complaint within the 120-day window ensures the defendant is properly notified and has an opportunity to respond, which is necessary for due process. Without filing, there is no case; without timely service, the defendant cannot be alerted or defend the action, and the case could be dismissed for lack of prosecution. So, the correct approach is to file with the clerk and complete service on the defendant within 120 days of that filing.