New York State Court Clerk Practice Exam

A civil proceeding is officially commenced upon filing the Summons and Complaint. This is a fundamental aspect of civil procedure, as these documents serve to notify the defendant of the claims against them and initiate the legal process. The act of filing initiates the court's jurisdiction over the case and sets the stage for the proceedings that will follow.

The summons informs the defendant of the action being taken, and the complaint outlines the plaintiff's claims. Importantly, this step is critical for establishing timelines for responses and potential motions, as well as for ensuring that the defendant is properly informed about the lawsuit.

Other options revolve around actions that occur after the case has been initiated. For instance, filing an answer or submitting a notice of appearance occurs later and is a response by the defendant to the initiated proceedings, not the commencement itself. Similarly, an order from the court is usually issued as part of the case management process during or after the proceedings but does not trigger the start of the case.