Sanderson v. Cole

Citations

• 2026 ND 16

Syllabus

Under N.D.R.Civ.P. 3 a civil action is commenced by the service of a summons. Rule 3, N.D.R.Civ.P., allows the defendant to file the complaint in district court. Rule 3, N.D.R.Civ.P., differs from Fed.R.Civ.P. 3, which requires filing of a complaint to commence an action. Under N.D.R.Civ.P. 5, unless otherwise authorized by rule or statute, a party seeking to file an initiating pleading must provide proof that the pleading was served under Rule 4. Failure to file proof that the initiating pleading was filed is subject to N.D.R.Civ.P. 61 harmless error analysis. Prosecutors may be entitled to either absolute or qualified immunity from civil liability under 42 U.S.C. § 1983 for actions undertaken in accordance with their official duties. Prosecuting attorneys are considered quasi-judicial officers entitled to absolute immunity granted judges when their activities are intimately associated with the judicial phase of the criminal process. The prevailing party of a frivolous action shall be awarded attorney's fees under N.D.C.C. § 28-26-01(2).