JamesonCourage
Adventurer
The One Action To End All Surprises!
I take an action! I am no longer flat-footed!
But all kidding aside, this is from the SRD:
As far as I can tell, in between the person who acted before your first regular turn and your first turn, you are no longer flat-footed.
So, using the Delay Action is a no action:
It doesn't look like "no actions" can be used before your first initiative count, as far as I can tell. To that end, I think you would cease to be flat-footed the moment before your first turn. You can then take a no action to Delay Action, but you may not do this before your turn (as "Not an Action" is a type of action, and actions must be done on your initiative).
In fact, If we look closely at the wording of "Not an Action" we won't find it saying that it is, in fact, not an action. It's only saying that it is not even considered a free action. It is still found, oddly enough, under "Action Types" in both the d20 SRD and the 3.5 PHB (page 138-139).
To that end, I think taking a "no action" is a type of action.
The only rebuttal I see possible is that the "you take no actions" wording in the Delay Action section is somehow different from "Not an Action." If that's the case, I'm not sure how else you would determine when you get to use it other than by initiative order (as it's a combat action, and initiative determines when you can make decisions).
As we noted earlier, you are flat-footed "before you have had a chance to act (specifically, before your first regular turn in the initiative order)" and that Delay Action lowers your initiative. The problem I see there is that you've had to reach your first initiative once in order to choose to delay, and you are no longer flat-footed moments before that first initiative count.
Anyways, just my thoughts on it. Not that this really matters that much to me, personally. As always, play what you like
d20 SRD said:Speak
In general, speaking is a free action that you can perform even when it isn’t your turn. Speaking more than few sentences is generally beyond the limit of a free action.
I take an action! I am no longer flat-footed!
But all kidding aside, this is from the SRD:
d20 SRD said:Flat-Footed
At the start of a battle, before you have had a chance to act (specifically, before your first regular turn in the initiative order), you are flat-footed.
As far as I can tell, in between the person who acted before your first regular turn and your first turn, you are no longer flat-footed.
d20 SRD said:By choosing to delay, you take no action and then act normally on whatever initiative count you decide to act.
So, using the Delay Action is a no action:
d20 SRD said:The Combat Round
When a character’s turn comes up in the initiative sequence, that character performs his entire round’s worth of actions.
...
Not an Action
Some activities are so minor that they are not even considered free actions. They literally don’t take any time at all to do and are considered an inherent part of doing something else.
It doesn't look like "no actions" can be used before your first initiative count, as far as I can tell. To that end, I think you would cease to be flat-footed the moment before your first turn. You can then take a no action to Delay Action, but you may not do this before your turn (as "Not an Action" is a type of action, and actions must be done on your initiative).
In fact, If we look closely at the wording of "Not an Action" we won't find it saying that it is, in fact, not an action. It's only saying that it is not even considered a free action. It is still found, oddly enough, under "Action Types" in both the d20 SRD and the 3.5 PHB (page 138-139).
To that end, I think taking a "no action" is a type of action.
The only rebuttal I see possible is that the "you take no actions" wording in the Delay Action section is somehow different from "Not an Action." If that's the case, I'm not sure how else you would determine when you get to use it other than by initiative order (as it's a combat action, and initiative determines when you can make decisions).
As we noted earlier, you are flat-footed "before you have had a chance to act (specifically, before your first regular turn in the initiative order)" and that Delay Action lowers your initiative. The problem I see there is that you've had to reach your first initiative once in order to choose to delay, and you are no longer flat-footed moments before that first initiative count.
Anyways, just my thoughts on it. Not that this really matters that much to me, personally. As always, play what you like
