Also known as: commencements
Written by attorneys · grounded in primary & secondary sources — see below
The initiation of a legal proceeding or action by the filing of a complaint or petition. The point at which the proceeding is treated as begun for purposes of timing rules, jurisdictional determinations, and procedural deadlines.
Frances filed a derivative complaint on behalf of Pinnacle alleging improper asset sales. Pinnacle formed a committee that reviewed the claims and concluded pursuit was not in the corporation's best interests. The court granted the motion to dismiss because the determination occurred after commencement of the proceeding.
Silas filed his state-court complaint against Blue Concrete more than thirteen months before the defendant attempted removal. An expert report later quantified damages above the threshold. The federal court denied removal because more than one year had passed since commencement of the action.
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Taylor filed her custody petition in State B seven months after the child had left the state. Jennifer argued State B lost jurisdiction because the child had not resided there within six months before commencement. The court agreed and declined to exercise home-state jurisdiction.
Carmen and Cade had lived apart for 200 days before Carmen filed the dissolution petition. The court found the marriage irretrievably broken on the basis of that separation period preceding commencement. It entered the decree without requiring further proof of discord.
Christian filed a petition for dissolution alleging the parties had lived apart for more than 180 days before commencement. The court reviewed the petition and confirmed both the jurisdictional facts and the irretrievable-breakdown allegation tied to the pre-filing separation period.
Colin filed a custody petition in State A claiming the child had resided there until six months before commencement. The child had been removed to another state but Colin remained in State A. The court accepted jurisdiction under the home-state provision measured from the date of filing.
A case may not be removed on diversity grounds more than one year after commencement unless the plaintiff acted in bad faith to prevent removal. The one-year clock runs from the date the action is commenced in state court.
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A state is the home state if the child lived there for at least six consecutive months immediately before commencement of the proceeding, or was the home state within six months before commencement and a parent still resides there.
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Yes. A determination that the suit is not in the corporation's best interests may be made before or after commencement of the derivative proceeding, provided it is made in good faith after a reasonable inquiry by qualified directors.
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Evidence that the parties lived separate and apart for more than 180 days immediately preceding commencement of the proceeding, or evidence of serious marital discord adversely affecting one or both parties' attitude toward the marriage, supports the finding.
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…subdivision of either;] or by a female upon herself upon the advice of the physician; and "(2) within [20] weeks after the commencement of the pregnancy [or after [20] weeks only if the physician has reasonable cause to believe (i) there is a substantial risk that continuance of the pregnancy would endanger the life of the…