Berk v. Choy · ¶52

Rule 3 provides a completely different answer to the question of what is required to start a medical malpractice case. As explained above, under that Rule, “[a] civil action is commenced by filing a complaint with the court”—period. That answer leaves “no room” for Delaware's insistence that an affidavit of merit (or a motion for an extension) must be submitted in order to commence this kind of legal action. Bur lington, 480 U. S., at 5. Indeed, Rule 3 uses the uncompromising, declarative phrase “is commenced,” plainly indicating that Congress meant for the “filing [of] a complaint” to be both necessary and sufficient to begin any civil case (including a malpractice action) in federal court. Cf. Walker, 446 U. S., at 750, n. 10 (“ `Rule 3 simply provides that an action is commenced by filing the complaint and has as its primary purpose the measuring of time periods that begin running…

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