Which statement accurately describes when an action is commenced in federal court and which law governs the statute of limitations?

Which statement accurately describes when an action is commenced in federal court and which law governs the statute of limitations?

• A. The action commences when the complaint is filed, and state law governs how the SOL runs.
• B. The action commences when the summons issues, and federal law governs the statute of limitations.
• C. The action commences when service of process occurs, and state law governs the statute of limitations.
• D. The action commences when the defendant is served, and federal law governs the statute of limitations.

Answer: (A)

The core idea is that the federal action starts when the plaintiff files the complaint, not when the summons issues or when the defendant is served. The time limit for bringing claims in federal court is generally governed by state law, not federal law, because of Erie. When a federal court sits in diversity (or otherwise borrows state law), it applies the forum state's statute of limitations and its tolling rules to determine when a claim is time-barred. The federal rules don’t themselves set the filing deadline for SOL purposes in most cases; instead, the state’s limitations period governs how long you have to sue, and the clock may be tolled or otherwise affected by state law. There are exceptions in federally created limitations regimes for federal-question cases, but, in general, the action commences upon filing, and state law governs how the statute of limitations runs.

The core idea is that the federal action starts when the plaintiff files the complaint, not when the summons issues or when the defendant is served. The time limit for bringing claims in federal court is generally governed by state law, not federal law, because of Erie. When a federal court sits in diversity (or otherwise borrows state law), it applies the forum state's statute of limitations and its tolling rules to determine when a claim is time-barred. The federal rules don’t themselves set the filing deadline for SOL purposes in most cases; instead, the state’s limitations period governs how long you have to sue, and the clock may be tolled or otherwise affected by state law. There are exceptions in federally created limitations regimes for federal-question cases, but, in general, the action commences upon filing, and state law governs how the statute of limitations runs.