Rule 5. Serving and Filing Pleadings and Other Papers | Federal Rules of Civil Procedure | US Law | LII / Legal Information Institute

(a) service: when required.

(1) in general. Unless these rules provide otherwise, each of the following documents must be delivered to all parties:

(a) an order indicating that the service is required;

(b) a pleading filed after the original lawsuit, unless the court orders otherwise under rule 5(c) because there are numerous defendants;

(c) a discovery document that is required to be served on one of the parties, unless the court orders otherwise;

(d) a motion in writing, except one that may be heard ex parte; and

(e) a written notice, appearance, demand or offer of judgment, or any similar document.

(2) if one of the parties does not appear. no service is required on a party that is in default for failure to appear. but a pleading asserting a new claim for relief against such party must be served on that party under rule 4.

(3) seizure of assets. If an action is brought by seizure of property and no person is named or need be named as a defendant, any services required prior to the filing of an appearance, answer, or complaint must be made to the person who had custody or possession of the property. the goods when it was seized.

(b) service: how it was done.

(1) serving an attorney. if a party is represented by an attorney, notice under this rule must be given to the attorney unless the court orders notice to the party.

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(2) service in general. a role is delivered under this rule by:

(a) give it to the person;

(b) quit:

(i) in the person’s office with an employee or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person does not have an office or the office is closed, in the person’s home or place of habitual residence with someone of suitable age and discretion residing there;

(c) mail it to the person’s last known address, in which case service is complete upon mailing;

(d) leave it with the court clerk if the person has no known address;

(e) by sending it to a registered user by filing it in the court’s electronic filing system or by sending it by other electronic means that the person has consented to in writing, in either of which service is completed at the time of filing or shipment, but will not take effect if the declarant or sender learns that it did not reach the person to be notified; or

(f) deliver it by any other means to which the person has consented in writing, in which case the service is complete when the person doing it delivers it to the agency designated to make the delivery.

(3) use court facilities. [Withdrawn (Apr._, 2018, effective Dec. 1, 2018)]

(c) notify numerous defendants.

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(1) in general. If an action involves an unusually large number of defendants, the court may, on motion or on its own initiative, order that:

(a) Defendants’ pleadings and responses need not be served on other Defendants;

(b) any counterclaim, counterclaim, void or affirmative defense in such writings and responses thereto will be treated as denied or voided by all other parties; and

(c) Filing such a pleading and delivering it to the plaintiff constitutes notice of the pleading to all parties.

(2) notifying parties. a copy of each such order must be served on the parties as ordered by the court.

(d) presentation.

(1) submissions required; service certificate.

(a) papers after the complaint. any post-complaint papers that must be served must be filed no later than a reasonable time after delivery. but disclosures under rule 26(a)(1) or (2) and the following discovery and response requests must not be filed until used in the proceeding or court ordered for production: depositions, interrogatories, document requests or tangible things or to allow entry to land, and applications for admission.

(b) certificate of service. A certificate of service is not required when a document is served by filing it in the court’s electronic filing system. when a role that is required to be served is served by other means:

(i) if the document is served, a certificate of service must be filed with it or within a reasonable time after service; and

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(ii) if the document is not presented, it is not necessary to present a certificate of service, unless the presentation is required by court order or by local rule.

(2) non-electronic filing. a paper not filed electronically is filed by delivering it:

(a) to the secretary; or

(b) to a judge who agrees to accept it for filing, and who must then write the filing date on the paper and immediately send it to the clerk.

(3) presentation and electronic signature.

(a) by a represented person—generally required; exceptions a person represented by an attorney must file electronically, unless the court permits non-electronic filing for good cause or is permitted or required by local rule.

(b) by an unrepresented person, when permitted or required. a person not represented by an attorney:

(i) you may file electronically only if permitted by court order or local rule; and

(ii) You may be required to file electronically only by court order or local rule that includes reasonable exceptions.

(c) signature. a submission made through a person’s electronic filing account and authorized by that person, together with that person’s name in a signature block, constitutes the person’s signature.

(d) just like a written document. An electronically filed document is a written document for purposes of these rules.

(4) acceptance by the secretary. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by local rule or practice.

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