Validity of e-service: Can attorneys serve documents via email?

By September 27, 2018All, Legal Practice
Electronic service of documents (e-service) Serve documents by email

As an attorney, does your state allow you to serve documents by email?

The service of documents between counsel remains a dominant task in legal proceedings. 

Whether it’s in the United States or Canada, attorneys have to serve documents to each other according to the rules of civil procedure of their jurisdiction (State, County, Province…).

This usually involves traditional delivery methods such as process servers, couriers, registered mail, or in-person handoffs.

The reason why these methods are valid is due to the fact that, for a very long time, they were the only ones affording a reliable proof of service (proof of delivery).

In this digital age, it’s not uncommon to see more and more courts leaning towards electronic alternatives to paper-based communication.

Accordingly, civil procedure rules across North America have evolved to allow attorneys to serve documents via email (e-service), provided certain criteria to be respected.

Lexop’s mission is to help law firms save valuable time by rethinking the way they serve, share, collect, and sign documents. One of our key features is Certified Email ™, allowing users to serve documents via email and instantly get a proof of service that is court-admissible.

To that end, we often get asked whether email service is valid. We therefore created an interactive map (see below) that identifies the provisions for each jurisdiction regarding the service of documents and proceedings by email for State and Federal Courts in the US and Canada.

We did not cover County courts which may each have their own policies and rules regarding service – and possibly diverging from State courts’ general rules of procedure.

This research is solely for information purposes and does not constitute a legal opinion.

Interactive map – Please click on a state/province below to display its civil procedure rules regarding electronic service of documents (e-service).

 

We encourage our customers to always verify the rules of procedure governing their jurisdiction. Lastly, there are some States for which our research has not yet been completed. We will update this map along the way.

Not a Lexop customer? Ask for a demo or talk with someone now.

 

Lexop

Lexop

Lexop is a platform that helps companies save valuable time and reduce the administrative burden by simplifying the way they communicate important notices, messages, and documents. Across industries, managing critical business emails is a tedious process that today’s companies no longer want to indulge. Whether it’s payments, contracts, or legal notices, Lexop simplifies the entire process while adding the reliability you need to have peace of mind. We’re the communication platform that gives you your time back, so you can focus on activities that bring value to your company and your clients. For additional information, please visit our website at www.lexop.com.

Alabama


E-service is allowed through the electronic-filing system if the attorney to be served is a registered user of said system for pleadings and other papers. E-service is not allowed for the initial complaint.

Proof of service must be made with a certificate of service that must include the names and addresses, including the email addresses of registered electronic-filing system users, if known, of all attorneys or pro se parties upon whom the paper has been served.


Rule 5. Service and filing of pleadings and other papers

[…]

(b) Same: How made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or the party or by mailing it to the attorney or the party at the attorney's or party's last known address, or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means: handing it to the attorney or party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. If the attorney for the party to be served or the party to be served is a registered user of the electronic-filing system as provided for by order or rules of the Supreme Court of Alabama, service may be made by electronic transmittal in accordance therewith. Service by electronic means in compliance with those orders and rules shall be complete on transmission of the electronic document.

[…]

(d) Filing; certificate of service. All papers after the complaint required to be served upon a party, together with a certificate of service, shall be filed with the court either before service or within a reasonable time thereafter, except that discovery material shall not be filed other than upon order of the court, for use at trial, or in connection with motions. […] A certificate of service shall list the names and addresses, including the email addresses of registered electronic-filing-system users, if known, of all attorneys or pro se parties upon whom the paper has been served.


Alabama Rules of Civil Procedure

Alaska

(Preliminary research)


E-service is allowed if the person consents in the initial filing or in a notice of consent.

Proof of service must be made by affidavit of the person making service, or by certificate of an attorney, an authorized agent of the attorney, or a pro se litigant.

The affidavit or certificate must include the following information:

- the date and time of the transmission;

- the telephone number of the transmitting facsimile or email address;

- the recipient's name and facsimile machine telephone number, or electronic mail address;

- the number of pages transmitted; and

- a statement that the document was transmitted by facsimile transmission or electronic mail and the person signing the affidavit or certificate believes the transmission to have been complete and without error.

In lieu of including this information, the person signing the affidavit or certificate may attach a copy of the transmission report issued by the transmitting facsimile machine.


Rule 5.1. Filing and Service by Facsimile Transmission and Electronic Mail.

[…]

(c) Service by Facsimile Transmission and Electronic Mail.

(1) Application of this Rule. This rule governs the service of documents by fax or electronic mail. It applies only to documents that may be served under Civil Rule 5(b). It does not apply to documents that must be served under Civil Rule 4. It applies to service by parties and by the court.

(2) Method of Service. Service by fax is made by successfully transmitting the document to the facsimile machine telephone number of a person who has consented to be served in this manner. Service by electronic mail is made by successfully sending an electronic file to an electronic mail address of a person who has consented to be served in this manner. Additional service by mail is not required; however, a copy of the document must be mailed to the person upon request.

(3) Consent to Service. A person who is willing to accept service by fax or electronic mail in an action shall so indicate beneath the signature in the person's initial filing or by serving and filing a separate notice of consent. A party may revoke consent by serving and filing a separate notice that consent has been revoked.

(4) Page Limit. A person may serve by fax a total of 25 pages per recipient per day unless the parties have agreed to a different page limit. Cover sheets and separators do not count toward the page limit.

(5) When Service is Complete. Service by electronic mail is complete upon receipt in the party’s electronic mail account. Service by fax is complete upon receipt of the entire document by the receiving party's facsimile machine. Service that occurs in whole or in part after 4:30 p.m. shall be deemed to have occurred at the opening of business on the next day that is not a Saturday, a Sunday, or a judicial holiday listed in Administrative Rule 16.

(6) Proof of Service. If service is made by fax or electronic mail, proof of service must be made by affidavit of the person making service, or by certificate of an attorney, an authorized agent of the attorney, or a pro se litigant. The affidavit or certificate must include the following information:

(A) the date and time of the transmission;

(B) the telephone number of the transmitting facsimile machine if service is made by fax, or the electronic mail address from which the electronic mail was sent, if the service was made by electronic mail;

(C) the recipient's name and facsimile machine telephone number, or electronic mail address;

(D) the number of pages transmitted; and

(E) a statement that the document was transmitted by facsimile transmission or electronic mail and the person signing the affidavit or certificate believes the transmission to have been complete and without error.

In lieu of including this information, the person signing the affidavit or certificate may attach a copy of the transmission report issued by the transmitting facsimile machine if the report is an accurate record of the transmission.


Alaska Rules of Court

Arizona


E-service is allowed if the recipient consents in writing to that method of service or if the court orders service in that manner.

Proof of service must be made with an affidavit of service.

However, it is mandatory to use E-Filing system in the following Courts:

Arizona Supreme Court

Arizona Court of Appeals, Division One and Two

Superior Courts in Gila, Greenlee, Maricopa, Mohave, Pima, Pinal, Santa Cruz, Yavapai and Yuma.


Rule 5. Serving Pleadings and Other Documents

(a) Service Generally.

(1) Scope. This rule governs service on other parties after service of the summons and complaint, counterclaim, or third-party complaint.

(2) When Required. Unless these rules provide otherwise, each of the following documents must be served on every party by a method stated in Rule 5(c):

(A) an order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(d) because there are numerous defendants;

(C) a discovery or disclosure document required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

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

(3) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear, except as provided in Rule 55. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4, 4.1, or 4.2, as applicable.

(4) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

(b) Service; Parties Served; Continuance. If there are several defendants, and some are served with process and others are not, the plaintiff may proceed against those who have been served or move to defer disclosure or other case-related activity until additional parties are served.

(c) Service After Appearance; Service After Judgment; How Made.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders or a specific rule requires service on the party.

(2) Service Generally. A document is served under this rule by any of the following:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it by U.S. mail to the person's last-known address--in which event service is complete upon mailing;

(D) delivering it by any other means, including electronic means other than that described in Rule 5(c)(2)(E), if the recipient consents in writing to that method of service or if the court orders service in that manner--in which event service is complete upon transmission; or

(E) transmitting it through an electronic filing service provider approved by the Administrative Office of the Courts, if the recipient is an attorney of record in the action--in which event service is complete upon transmission.

Rule 4

(3) Service by Others. If served by a person other than a sheriff or deputy sheriff, the return must be promptly filed with the court and be accompanied by an affidavit establishing proof of service. If the server is a registered private process server, the affidavit must clearly identify the county in which the server is registered.


Rules of Civil Procedure for the Superior Courts of Arizona

Arkansas

(Preliminary research)


E-service is allowed between counsels. Service is complete upon transmission but is not effective if it does not reach the person to be served.

Proof of service must be made with a statement by the party or attorney filing same that a copy thereof has been served in accordance with this rule, stating therein the date and method of service, and if by mail, the name and address of each person served.


Rule 5. Service and Filing of Pleadings and Other Papers

(a) Service: When Required. Except as otherwise provided in these rules, every pleading and every other paper, including all written communications with the court, filed subsequent to the complaint, except one which may be heard ex parte, shall be served upon each of the parties, unless the court orders otherwise because of numerous parties. No service need be made upon parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served in the manner provided for service of summons in Rule 4. Any pleading asserting new or additional claims for relief against any party who has appeared shall be served in accordance with subdivision (b) of this rule.

In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.
(b) Service: How Made.
(1) Whenever under this rule or any statute service is required or permitted to be made upon a party represented by an attorney, the service shall be upon the attorney, except that service shall be upon the party if the court so orders or the action is one in which a final judgment has been entered and the court has continuing jurisdiction.
(2) Except as provided in paragraph (3) of this subdivision, service upon the attorney or upon the party shall be made by delivering a copy to him or by sending it to him by regular mail or commercial delivery company at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy for purposes of this paragraph means handing it to the attorney or to the party; by leaving it at his office with his clerk or other person in charge thereof; or, if the office is closed or the person has no office, leaving it at his dwelling house or usual place of abode with some person residing therein who is at least 14 years of age. Service by mail is presumptively complete upon mailing, and service by commercial delivery company is presumptively complete upon depositing the papers with the company. When service is permitted upon an attorney, such service may be effected by electronic transmission, including e-mail, provided that the attorney being served has facilities within his or her office to receive and reproduce verbatim electronic transmissions. Service is complete upon transmission but is not effective if it does not reach the person to be served. Service by a commercial delivery company shall not be valid unless the company: (A) maintains permanent records of actual delivery, and (B) has been approved by the circuit court in which the action is filed or in the county where service is to be made.

[…]

(e) Proof of Service. Every pleading, paper or other document required by this rule to be served upon a party or his attorney, shall contain a statement by the party or attorney filing same that a copy thereof has been served in accordance with this rule, stating therein the date and method of service and, if by mail, the name and address of each person served.


Rules of Civil Procedure

California


E-service is allowed when a party consents to receive electronic service.

Proof of service must be by filling a proof of electronic service form.


1010.6

(a) A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).

(1) For purposes of this section:

(A) “Electronic service” means service of a document, on a party or other person, by either electronic transmission or electronic notification.  Electronic service may be performed directly by a party, by an agent of a party, including the party's attorney, or through an electronic filing service provider.

(B) “Electronic transmission” means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.

(C) “Electronic notification” means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.

(2) If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is authorized when a party has agreed to accept service electronically in that action.

(3) In any action in which a party has agreed to accept electronic service under paragraph (2), or in which the court has ordered electronic service under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents.  The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).

(4)

(A) Electronic service of a document is complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.  However, any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:

(i) A notice of intention to move for new trial.

(ii) A notice of intention to move to vacate judgment under Section 663a .

(iii) A notice of appeal.

(B) This extension applies in the absence of a specific exception provided by any other statute or rule of court.


Code of Civil Procedure

Colorado


E-service is allowed if the party consents in writing for the pleadings and other papers.

Parties who have subscribed to E-Filing have agreed to receive E-Service through the Colorado Court’s E-Filing system.  

Proof of service must be made with a certificate of service filed with the court within a reasonable time after service.  Certificates of service are typically e-filed through the Colorado Court’s E-Filing system.


Rule 5. Service and Filing of Pleadings and Other Papers.

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) Making Service: (1)

Service under C.R.C.P. 5(a) on a party represented by an attorney is made upon the attorney unless the court orders personal service upon the party. A resident attorney, on whom pleadings and other papers may be served, shall be associated as attorney of record with any out-of-state attorney practicing in any courts of this state. (2)

Service under C.R.C.P. 5(a) is made by:

(A) Delivering a copy to the person served by:

(i) handing it to the person;

(ii) leaving it at the person's office with a clerk or other person in charge, or if no one is in charge, leaving it in a conspicuous place in the office; or

(iii) if the person has no office or the office is closed, leaving it at the person's dwelling house or usual place of abode with someone 18 years of age or older residing there;

(B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing;

(C) If the person served has no known address, leaving a copy with the clerk of the court; or

(D) Delivering a copy by any other means, including E-Service, other electronic means or a designated overnight courier, consented to in writing by the person served. Designation of a facsimile phone number or an email address in the filing effects consent in writing for such delivery. Parties who have subscribed to E-Filing, pursuant to C.R.C.P. 121 Section 1-26 § 1.(d), have agreed to receive E-Service. Service by other electronic means is complete on transmission; service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery. Service by other electronic means or overnight courier under C.R.C.P. 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served.

(d) Filing Certificate of Service. All papers after the initial pleading required to be served upon a party, together with a certificate of service, must be filed with the court within a reasonable time after service, but disclosures under Rule C.R.C.P. 26(a)(1) or (2) and the following discovery requests and responses shall not be filed until they are used in the proceeding or the court orders otherwise:

(i)depositions,

(ii)interrogatories,

(iii)requests for documents or to permit entry upon land, and

(iv)requests for admission.


Colorado Rules of Civil Procedure

Connecticut


E-service is allowed for pleadings, motions and other papers if the parties consent in writing.

Proof of service must be made with a written acknowledgment of service by the party served, by a certificate of counsel for the party filing the pleading or paper or by the self-represented party, or by affidavit of the person making the service.

If the certificate of service is made by the counsel, it shall be in the following form:

I certify that a copy of the above was or will immediately be mailed or delivered electronically or non electronically on (Date) to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were or will immediately be electronically served. (Here list the name of each party served or immediately to be served and the address at which service was made or will immediately be made.)

Proof of service shall include the address at which such service was made, the signature of the attorney and the method of service used.


Sec. 10-12. Service of the Pleading and Other Papers; Responsibility of Counsel or Self-Represented Party: Documents and Persons to Be Served

(a) It is the responsibility of counsel or a selfrepresented party filing the same to serve on each other party who has appeared one copy of every pleading subsequent to the original complaint, every written motion other than one in which an order is sought ex parte and every paper relating to discovery, request, demand, claim, notice or similar paper, except a request for mediation under General Statutes § 49-31l. When a party is represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the judicial authority.

(b) It shall be the responsibility of counsel or a self-represented party at the time of filing a motion for default for failure to appear to serve the party sought to be defaulted with a copy of the motion. Upon good cause shown, the judicial authority may dispense with this requirement when judgment is rendered.

(c) Any pleading asserting new or additional claims for relief against parties who have not appeared or who have been defaulted shall be served on such parties.

Sec. 10-13. —Method of Service

Service upon the attorney or upon a self-represented party, except service pursuant to Section 10-12 (c), may be by delivering a copy or by mailing it to the last known address of the attorney or party. Delivery of a copy within this section means handing it to the attorney or to the party; or leaving it at the attorney’s office with a person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the usual place of abode. Delivery of a copy within this rule may also mean electronic delivery to the last known electronic address of the attorney or party, provided that electronic delivery was consented to in writing by the person served. An attorney or self-represented party who files a document electronically with the court must serve it electronically on any attorney or self-represented party who consented in writing to electronic delivery under this section. Service by mail is complete upon mailing. Service by electronic delivery is complete upon sending the electronic notice unless the party making service learns that the attempted service did not reach the electronic address of the person to be served. Service pursuant to Section 10-12 (c) shall be made in the same manner as an original writ and complaint is served or as ordered by the judicial authority.

Sec. 10-14. —Proof of Service

(a)Proof of service pursuant to Section 10-12 (a) and (b) may be made by written acknowledgment of service by the party served, by a certificate of counsel for the party filing the pleading or paper or by the self-represented party, or by affidavit of the person making the service, but these methods of proof shall not be exclusive. Proof of service shall include the address at which such service was made. If proof of such service is made by a certificate of counsel or by the self-represented party, it shall be in substantially the following form:

I certify that a copy of the above was or will immediately be mailed or delivered electronically or nonelectronically on (Date) to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were or will immediately be electronically served. (Here list the name of each party served or immediately to be served and the address at which service was made or will immediately be made.)

Or

to the party against whom the default for failure to appear is claimed. (Here list the name of each nonappearing party served or immediately to be served and the address at which service was made or will immediately be made.)

(Individual Signature of
Counsel or Self-Represented Party)

(b) Proof of service pursuant to Section 10-12 (c) shall be made in the same manner as proof of service is made of an original writ and complaint, unless the judicial authority ordered service in some other manner, in which event service may be proved as prescribed in subsection (a) above.


Superior Court – Procedure in Civil Matters

In the Connecticut Practice Book

Delaware


E-service is allowed only via the eFile system.


Rule 5. Service and filing of pleadings and other papers.

(a) Service: When required. -- Except as otherwise provided in these Rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the Court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the Court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

[…]

(b) Service of pleadings and papers: How made. -- Whenever under these Rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party personally is ordered by the Court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the attorney's or party's last known address or, if no address is known, by leaving it with the Prothonotary. Delivery of a copy within this Rule means: Handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

[…]

(f) Pleadings required to be served by the party filing the paper shall also be filed with the Court and shall include proof of service upon the other party or the attorney of the other party. Such proof shall consist of a return receipt when service has been made by certified mail, a certificate of mailing, an affidavit stating that service has been made and how such service has been made, or as authorized by Rule 111(c)(5).

Rule 79.1. Electronic filing.

(a) The electronic filing of documents in the Superior Court of the State of Delaware shall be referred to as "eFile" or "eFiling".  

(b) When the President Judge of the Superior Court determines that it is appropriate for any civil case, or category of cases, to follow the procedures for eFiling, the President Judge shall designate it as an eFile case or category of cases.

(c) The President Judge shall establish administrative procedures for the eFiling of documents.

(d) A technology surcharge of $1.25 per document shall be assessed in each eFile case for the purpose of a fund to operate the eFiling system. The Court shall expend the funds solely for the purpose of operating and maintaining the eFiling system.

(e) No Delaware lawyer shall authorize anyone to eFile on that lawyer's behalf, other than an employee of his/her law firm or service provider retained to assist in eFiling.

(f) No person shall utilize, or allow another person to utilize, the password of another in connection with any eFiling.

(g) The eFiling of a document by a lawyer, or by another under the authorization of a lawyer, shall constitute a signature of that lawyer under Superior Court Civil Rule 11.

(h) All eFilings must be signed by a member of the Delaware Bar or party not represented by an attorney in accordance with the eFile administrative procedures.

(i) Unless otherwise ordered, the electronic service of a document, in accordance with the eFile administrative procedures, shall be considered service under Superior Court Civil Rule 5.


Rules of Civil Procedure for the Superior Court of the State of Delaware

(similar rules in Court of Chancery Rules apply)

Washington, DC


Service via email is permitted between counsel only with consent in writing or per an administrative order.

There is no mandatory e-service platform.

Primarily uses CM/ECF system e-filing system that functions to effect service.


LCrR 49

(a) DOCUMENTS TO BE FILED BY ELECTRONIC MEANS. Except as otherwise provided in Rule 49, all documents to be filed with the Court must be filed by electronic means in a manner authorized by the Clerk.

(b) CASES ASSIGNED TO CASE MANAGEMENT/ELECTRONIC CASE FILING (CM/ECF) SYSTEM)

(6) An attorney or pro se party who obtains a CM/ECF password consents to electronic service of all documents that are filed by electronic means. Such counsel and pro se parties are responsible for monitoring their email accounts and, upon receipt of notice of an electronic filing, for retrieving the noticed filing.

(d) SERVICE.

(1) Electronically filing a document operates to effect service of the document on pro se parties who have obtained CM/ECF passwords and on all counsel.

(2) The requirement of a certificate of service or other proof of service is satisfied by the automatic notice of filing sent by the CM/ECF software to pro se parties who have obtained CM/ECF passwords and to counsel.

(e) EXCEPTIONS TO REQUIREMENT OF ELECTRONIC FILING.

(1) Every unsealed document must be filed electronically. Unless prior written authorization for electronic filing is given by the Clerk of Court, every document filed under seal in a totally sealed case shall be filed in paper form (original plus one) accompanied by an electronic copy in a format deemed by the Clerk’s Office to be compatible with CM/ECF filing in conformity with the requirements of LCrR 49(f). Any document, exhibit, or attachment, including sealed material, that (A) is not in a format that readily permits electronic filing, such as a map, chart, or DVD, or (B) is illegible when scanned into electronic format, is to be maintained in the possession of the attorney or pro se party responsible for the filing. Such a filing shall be made available for a party or the Court and must be identified in a Notice of Filing filed with the Court. A document or item filed pursuant to this subsection shall be served, if it is necessary to serve it, by mail or by hand delivery, unless the parties have otherwise agreed.

(2) A party appearing pro se shall file with the Clerk and serve documents in paper form and must be served with documents in paper form, unless the pro se party has obtained a CM/ECF password.

(3) Unless prior written authorization for electronic filing is given by the Clerk of Court, every criminal indictment, information, complaint, search warrant, seizure warrant, arrest warrant, accompanying affidavit, return of warrant, and motion for order of return pursuant to D.C. Code Section 24-501(i) shall be filed in paper form (original plus one), accompanied by an electronic copy in a format deemed by the Clerk’s Office to be compatible with CM/ECF filing, with appropriate redactions as required by the Federal Rules of Criminal Procedure.

(4) Unless prior written authorization for electronic filing is given by the Clerk of Court, every document filed prior to the initial appearance of a criminal defendant, including but not limited to a filing related to a grand jury matter, a pen register application, an application for interception of wire or electronic communications, an application for stored electronic information or evidence, an application for tax return information, and an application for disclosure of electronically stored evidence shall be filed in paper form (original plus one) accompanied by an electronic copy in a format deemed by the Clerk’s Office to be compatible with CM/ECF filing. Except for documents specifically identified in LCrR 49(e)(3), every such document is not subject to the limitations set forth in Federal Rule of Criminal Procedure 49.1, and the filing of every such document under seal shall not require a motion to seal. If service is required, service of such a document in a criminal matter filed prior to a defendant’s initial appearance shall be in paper form and shall be accomplished as otherwise provided in the Federal Rules of Criminal Procedure.


D.C. Superior Court Rules of Civil Procedure

Rules Of The United States District Court For The District Of Columbia (Rules supplement the Federal Rules of Civil and Criminal Procedure and shall be construed in harmony therewith.)

Florida


All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides.

Proof of service is made with a certificate of service.

All documents served by e-mail must be sent by an e-mail message containing a subject line beginning with the words “SERVICE OF April 6, 2017 Florida Rules of Judicial Administration Page 129 of 191 COURT DOCUMENT” in all capital letters, followed by the case number of the proceeding in which the documents are being served.

The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the name and telephone number of the person required to serve the document.


RULE 2.516. SERVICE OF PLEADINGS AND DOCUMENTS

(a) Service; When Required. Unless the court otherwise orders, or a statute or supreme court administrative order specifies a different means of service, every pleading subsequent to the initial pleading and every other document filed in any court proceeding, except applications for witness subpoenas and documents served by formal notice or required to be served in the manner provided for service of formal notice, must be served in accordance with this rule on each party. No service need be made on parties against whom a default has been entered, except that pleadings asserting new or additional claims against them must be served in the manner provided for service of summons.

(b) Service; How Made. When service is required or permitted to be made upon a party represented by an attorney, service must be made upon the attorney unless service upon the party is ordered by the court.

(1) Service by Electronic Mail (“e-mail”). All documents required or permitted to be served on another party must be served by e-mail, unless the parties otherwise stipulate or this rule otherwise provides. A filer of an electronic document has complied with this subdivision if the Florida Courts efiling Portal (“Portal”) or other authorized electronic filing system with a supreme court approved electronic service system (“e-Service system”) served the document by e-mail or provided a link by e-mail to the document on a website maintained by a clerk (“e-Service”). The filer of an electronic document must verify that the Portal or other e-Service system uses the names and e-mail addresses provided by the parties pursuant to subdivision (b)(1)(A).

(A) Service on Attorneys. Upon appearing in a proceeding, an attorney must designate a primary e-mail address and may designate no more than two secondary e-mail addresses and is responsible for the accuracy of and changes to that attorney’s own e-mail addresses maintained by the Portal or other e-Service system. Thereafter, service must be directed to all designated e-mail addresses in that proceeding. Every document filed or served by an attorney thereafter must include the primary e-mail address of that attorney and any secondary e-mail addresses. If an attorney does not designate any e-mail address April 6, 2017 Florida Rules of Judicial Administration Page 128 of 191 for service, documents may be served on that attorney at the e-mail address on record with The Florida Bar.

(B) Exception to E-mail Service on Attorneys. Upon motion by an attorney demonstrating that the attorney has no e-mail account and lacks access to the Internet at the attorney’s office, the court may excuse the attorney from the requirements of e-mail service. Service on and by an attorney excused by the court from e-mail service must be by the means provided in subdivision (b)(2) of this rule.

(C) Service on and by Parties Not Represented by an Attorney. Any party not represented by an attorney may serve a designation of a primary e-mail address and also may designate no more than two secondary e-mail addresses to which service must be directed in that proceeding by the means provided in subdivision (b)(1) of this rule. If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule.

(D) Time of Service. Service by e-mail is complete on the date it is sent.

(i) If, however, the e-mail is sent by the Portal or other e-Service system, service is complete on the date the served document is electronically filed.

(ii) If the person required to serve a document learns that the e-mail was not received by an intended recipient, the person must immediately resend the document to that intended recipient by e-mail, or by a means authorized by subdivision (b)(2) of this rule.

(iii) E-mail service, including e-Service, is treated as service by mail for the computation of time.

(E) Format of E-mail for Service. Service of a document by e-mail is made by an e-mail sent to all addresses designated by the attorney or party with either (a) a copy of the document in PDF format attached or (b) a link to the document on a website maintained by a clerk.

(i) All documents served by e-mail must be sent by an e-mail message containing a subject line beginning with the words “SERVICE OF April 6, 2017 Florida Rules of Judicial Administration Page 129 of 191 COURT DOCUMENT” in all capital letters, followed by the case number of the proceeding in which the documents are being served.

(ii) The body of the e-mail must identify the court in which the proceeding is pending, the case number, the name of the initial party on each side, the title of each document served with that e-mail, and the name and telephone number of the person required to serve the document.

(iii) Any document served by e-mail may be signed by any of the “/s/,” “/s,” or “s/” formats.

(iv) Any e-mail which, together with its attached documents, exceeds the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court, must be divided and sent as separate e-mails, no one of which may exceed the appropriate size limitations specified in the Florida Supreme Court Standards for Electronic Access to the Court and each of which must be sequentially numbered in the subject line.

[…]

(f) Certificate of Service. When any attorney certifies in substance: “I certify that the foregoing document has been furnished to (here insert name or names, addresses used for service, and mailing addresses) by (e-mail) (delivery) (mail) (fax) on ..... (date) ….. Attorney” the certificate is taken as prima facie proof of such service in compliance with this rule.


Florida Rules of Judicial Administration

Georgia


E-service is allowed if there is a notice of consent to electronic service for pleadings subsequent to the original complaint and other papers.

Transmission of pleadings in PDF format by email where object must include “STATUTORY ELECTRONIC SERVICE”.

Proof of service is made with a certificate of an attorney or his/her employee, by written admission, by affidavit or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service.


  • 9-11-5. Service and filing of pleadings subsequent to the original complaint and other papers

(a) Service -- When required. Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. However, the failure of a party to file pleadings in an action shall be deemed to be a waiver by him or her of all notices, including notices of time and place of trial and entry of judgment, and all service in the action, except service of pleadings asserting new or additional claims for relief, which shall be served as provided by subsection (b) of this Code section.

(b) Same -- How made. Whenever under this chapter service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the person to be served or by mailing it to the person to be served at the person's last known address or, if no address is known, by leaving it with the clerk of the court. As used in this Code section, the term "delivery of a copy" means handing it to the person to be served or leaving it at the person to be served's office with a person in charge thereof or, if such office is closed or the person to be served has no office, leaving it at the person to be served's dwelling house or usual place of abode with some person of suitable age and discretion residing therein. "Delivery of a copy" also means transmitting a copy via e-mail in portable document format (PDF) to the person to be served using all e-mail addresses provided pursuant to subsection (f) of this Code section and showing in the subject line of the e-mail message the words "STATUTORY ELECTRONIC SERVICE" in capital letters. Service by mail is complete upon mailing. Proof of service may be made by certificate of an attorney or of his or her employee, by written admission, by affidavit, or by other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service.

(c) Same -- Numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants, and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties, and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the court within the time allowed for service.

(e) "Filing with the court" defined. The filing of pleadings and other papers with the court as required by this chapter shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.

(f) Electronic service of pleadings.

(1) A person to be served may consent to being served with pleadings electronically by:

(A) Filing a notice of consent to electronic service and including the person to be served's e-mail address or addresses in such pleading; or

(B) Including the person to be served's e-mail address or addresses in or below the signature block of the complaint or answer, as applicable to the person to be served.

(2) A person to be served may rescind his or her election to be served with pleadings electronically by filing and serving a notice of such rescission.

(3) If a person to be served agrees to electronic service of pleadings, such person to be served bears the responsibility of providing notice of any change in his or her e-mail address or addresses.

(4) If electronic service of a pleading is made upon a person to be served, and such person certifies to the court under oath that he or she did not receive such pleading, it shall be presumed that such pleading was not received unless the serving party disputes the assertion of nonservice, in which case the court shall decide the issue of service of such pleading.


2016 Georgia Code

Hawaii


E-service is allowed if the party consents. However, as a general practice, e-service is rarely used in state civil circuit court proceedings.

Proof of service is generally made with a certificate of service. In state Land Court, proof of service is made with a citation. 


Rule 5.       SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS.

      (a) Service: When required. Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, brief or memorandum of law, offer of judgment, bill of costs, designation of record on appeal, and similar paper shall be served upon each of the parties, but no service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

      (b) Same: How made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party is ordered by the court.

      (1) Service upon the attorney or upon a party shall be made (a) by delivering a copy to the attorney or party; or (b) by mailing it to the attorney or party at the attorney's or party's last known address; or (c) if no address is known, by leaving it with the clerk of the court; or (d) if service is to be upon the attorney, by facsimile transmission to the attorney's business facsimile receiver.

      (2) Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Facsimile transmission means transmission and receipt of the entire document without error with a cover sheet which states the attorney(s) to whom it is directed, the case name and court case number, and the title and number of pages of the document.

      (3) Service by mail is complete upon mailing. Service by facsimile transmission is complete upon receipt of the entire document by the intended recipient and between the hours of 8:00 a.m. and 5:00 p.m. on a court day. Service by facsimile transmission that occurs after 5:00 p.m. shall be deemed to have occurred on the next court day.

      (4) Service by facsimile transmission shall be confirmed by a certificate of service which declares that service was accomplished by facsimile transmission to a specific phone number, on a specific date, at a specific time.

(d) Filing. Except as provided in subdivision (f) of this rule, all papers after the complaint required to be served upon a party, together with a certificate of service, shall be filed with the court either before service or within a reasonable time after service. All documents filed with the court shall be previously or contemporaneously served on all parties to the action, except as permitted in subdivision (a) above.


Rule 1. DEFINITIONS.

1.11. Notice of electronic filing means the notification generated automatically upon the electronic filing of a document through JEFS or JIMS and noticed by e-mail to parties who are JEFS Users or who have consented to service by e-mail.

Rule 6. SERVICE OF DOCUMENTS.

6.1. Service of Documents by Electronic Means. The Notice of Electronic Filing automatically generated by JEFS and JIMS constitutes service of the electronically filed document to JEFS Users. Parties who are not JEFS Users may consent to electronic service by submitting a signed statement consenting to electronic service and providing an active email address.

6.2. Conventional Service of Electronically Filed Documents.

(a) By the filing party. A filing party shall provide conventional service of electronically filed documents that are required to be served to parties who are not JEFS Users or who have not consented to electronic service. The paper copy of the document served shall be accompanied by a copy of the Notice of Electronic Filing showing the date and time of filing. The filing party shall file a certificate of conventional service.

6.3. Service of Electronically Filed Documents. The Notice of Electronic Filing automatically generated by JEFS is sufficient to show service on all JEFS Users and parties who have consented to receive service by electronic means. Service on other parties and certification thereof shall be made in accordance with Rule 6.2 of these rules.


Hawai’i Rules of Civil procedure

Hawai’i Electronic Filing & Service Rules

Idaho


E-service is allowed if the person consented in writing. Must use e-filing tool (Tyler technologies).

Proof of service of process shall be in writing specifying the manner of service, the date and place of service.


Rule 5. Serving and Filing Pleadings and Other Papers.

(a) Service:  When Required.
(1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party:

(A) an order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice,  appearance,  demand, or  offer of judgment, or any similar paper.

(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(b) Service: How Made.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(2) Service in General. A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

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

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone over the age of 18 years who resides there;

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

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means if the person consented in writing, in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served;

(F) transmitting the copy by a facsimile machine process although this rule does not require a facsimile machine to be maintained in the office of an attorney; or

(G) delivering it by any other means that the person consented to in writing, in which event service is complete when the person making service delivers it to the agency designated to make delivery.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(2) Service in General. A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

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

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone over the age of 18 years who resides there;

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

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means if the person consented in writing, in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served;

(F) transmitting the copy by a facsimile machine process although this rule does not require a facsimile machine to be maintained in the office of an attorney; or

(G) delivering it by any other means that the person consented to in writing, in which event service is complete when the person making service delivers it to the agency designated to make delivery

Rule 4

Rule 4(g). Return. Proof of service of process shall be in writing specifying the manner of service, the date and place of service and unless the party served files an appearance the return must be filed with the court:.


Idaho Rules of Civil Procedure

Illinois


Documents shall be served electronically through the court electronic filing manager.

E-service is allowed between counsel only by order of the court or if specified by rule.


Rule 11. Manner of Serving Documents Other Than Process and Complaint on Parties Not in Default in the Trial and Reviewing Courts

     (a) On Whom Made. If a party is represented by an attorney of record, service shall be made upon the attorney. Otherwise service shall be made upon the party.

     (b) E-mail Address. An attorney must, and a self-represented party may, include on the appearance and on all pleadings filed in court an e-mail address to which documents and notices will be served in conformance with Rule 131(d).

 

     (c)   Method. Unless otherwise specified by rule or order of court, documents shall be served electronically. Electronic service may be made either through the court electronic filing manager or an approved electronic filing service provider, if available. For all parties for which such service is not available, the filer shall make service to the e-mail address(es) identified by the party’s appearance in the matter. If service is made by e-mail, the documents may be transmitted via attachment or by providing a link within the body of the e-mail that will allow the party to download the document through a reliable service provider.

    If a self-represented party so opts, or if service other than electronic service is specified by rule or order of court, or if extraordinary circumstances prevent timely electronic service in a particular instance, service of documents may be made by one of the following alternative methods

(1)  Personal Service. Delivering  the document to the attorney or party personally;

(2)  Delivery to Attorney’s Office or  Self-Represented Party’s Residence. Delivery of the document to an authorized person at the attorney’s office or in a reasonable receptacle or location at or within the attorney’s office. If a party is not represented by counsel, by leaving the document at the party’s residence with a family member of the age of 13 years or older;

(3)  United States Mail. Depositing the document in a United States post office or post office box, enclosed in an envelope to the party’s address, as identified by the party’s appearance in the matter,  with postage fully prepaid; or

(4)  Third-Party Commercial Carrier. Delivery of the document through  a third-party commercial carrier or courier, to the party’s address, as identified by the party’s appearance in the matter, with delivery charge fully prepaid.

 

(d)   Multiple Parties or Attorneys. In cases in which there are two or more plaintiffs or defendants who appear by different attorneys, service of all documents shall be made on the attorney for each of the parties.  When more than one attorney appears for a party, service  upon one of them is sufficient.

(e)  Notice of E-mail Rejection. If a party serving a document via e-mail receives a rejection message or similar notification suggesting that transmission was not successful, the party serving the document shall make a good-faith effort to alert the intended recipient of a potential transmission problem and take reasonable steps to ensure actual service of the document.

(f)    Limited Scope Appearance. After an attorney files a Notice of Limited Scope Appearance in accordance with Rule 13(c)(6), service of all documents shall be made on both the attorney and the party represented on a limited scope basis until: (1) the court enters an order allowing the attorney to withdraw under Rule 13(c) or (2) the attorney’s representation automatically terminates under Rule 13(c)(7)(ii).


Illinois Supreme Court Rules

Indiana


E-service is allowed if the party consented and only if the Indiana courts have not implemented an E-service Filing System or if the parties are not registered on the E-Filing system.

Proof of service is made with a certificate of service including the list of the parties served and the date and means of service.


Rule 5. Service and Filing of Pleading and Other Papers

(A)   Service: When Required. Unless otherwise provided by these rules or an order of the court, each party and special judge, if any, shall be served with:

(1)    every order required by its terms to be served;

(2)    every pleading subsequent to the original complaint;

(3)    every written motion except one which may be heard ex parte;

(4)    every brief submitted to the trial court;

(5)    every paper relating to discovery required to be served upon a party; and

(6)    every written notice, appearance, demand, offer of judgment, designation of record on appeal, or similar paper.

No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided by service of summons in Rule 4.

(B)   Service: How made. Whenever a party is represented by an attorney of record, service shall be made upon such attorney unless service upon the party is ordered by the court. Service upon the attorney or party shall be made by delivering or mailing a copy of the papers to the last known address, or where service is by FAX or e-mail, by faxing or e-mailing a copy of the documents to the fax number or e-mail address set out in the appearance form or correction as required by Rule 3.1(E).

(1)    Delivery. Delivery of a copy within this rule means

(a)    offering or tendering it to the attorney or party and stating the nature of the papers being served. Refusal to accept an offered or tendered document is a waiver of any objection to the sufficiency or adequacy of service of that document;

(b)    leaving it at his office with a clerk or other person in charge thereof, or if there is no one in charge, leaving it in a conspicuous place therein; or

(c)     if the office is closed, by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or,

(d)    leaving it at some other suitable place, selected by the attorney upon whom service is being made, pursuant to duly promulgated local rule.

(2)    Service by Mail. If service is made by mail, the papers shall be deposited in the United States mail addressed to the person on whom they are being served, with postage prepaid. Service shall be deemed complete upon mailing. Proof of service of all papers permitted to be mailed may be made by written acknowledgment of service, by affidavit of the person who mailed the papers, or by certificate of an attorney. It shall be the duty of attorneys when entering their appearance in a cause or when filing pleadings or papers therein, to have noted in the Chronological Case Summary or said pleadings or papers so filed the address and telephone number of their office. Service by delivery or by mail at such address shall be deemed sufficient and complete.

(3)    Service by FAX or e-mail.

(a)    Service by e-mail from the Clerk. The Clerk may transmit notice of all rulings, orders, or judgments required by Trial Rule 72(D) by e-mail to all parties represented by attorneys and to all unrepresented parties who have supplied the Court with an e-mail address for service. Where a copy of a written ruling, order, or judgment is being transmitted by e-mail, service may be made by including a link to the document or by attaching the document being served to the e-mail in .pdf format.

(b)    Service by FAX or e-mail from other parties. A party who has consented to service by FAX or e-mail may be served by attaching the document being served to an e-mail in .pdf format. Discovery documents must also be served in accordance with Trial Rule 26(A).

(c)     Completion of service by FAX or email.  Service by FAX or e-mail shall be deemed complete upon transmission. Service that occurs on a Saturday, Sunday, a legal holiday, or a day the court or agency in which the matter is pending is closed, or after 5:00 p.m. local time of the recipient shall be deemed complete the next day that is not a Saturday, Sunday, a legal holiday, or a day the court or agency in which the matter is pending is not closed.

(C)  Certificate of Service. An attorney or unrepresented party tendering a document to the Clerk for filing shall certify that service has been made, list the parties served, and specify the date and means of service. The certificate of service shall be placed at the end of the document and shall not be separately filed. The separate filing of a certificate of service, however, shall not be grounds for rejecting a document for filing. The Clerk may permit documents to be filed without a certificate of service but shall require prompt filing of a separate certificate of service.

Rule 86. Electronic filing and electronic service

[…]

(G)   Service of Pleading and Other Papers:

(3)      Service of Subsequent Pleadings

(a)      Service on Registered Users. Registered Users must serve all documents in a case upon every other party who is a Registered User through E-Service using the Indiana E-Filing System. E-Service has the same legal effect as service of an original paper document. E-Service of a document through the Indiana E-Filing System is deemed complete upon transmission, as confirmed by the Notice of Electronic Filing associated with the document. Exempt parties must serve all documents in a case as provided by Trial Rules 4 or 5.

(b)      Service on Others. Trial Rules 4 and 5 shall govern service of documents on attorneys of record and on unrepresented parties who are not Registered Users.

(H)    Format Requirements.

(1)       Documents filed electronically must be formatted in conformity with this Rule and the requirements of the Indiana E-Filing System.

(2)      All documents must be submitted in the manner required by the E-Filing Service Provider. The Indiana E-Filing System may be accessed via any Internet connection available to the Registered User and at Public Access Terminals located in the offices of the county clerk.


Indiana Rules of Trial Procedure

Iowa

(Preliminary research)


E-service is allowed if the party consented in writing.

Proof of service is made by the clerk of the Court.


Rule 1.442 Service and filing of pleadings and other papers. 1.442(1) When service is required. Unless the court otherwise orders, everything required to be filed by the rules in this chapter; every order required by its terms to be served; every pleading subsequent to the original petition; every paper relating to discovery; every written motion including one which may be heard ex parte; and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. No service need be made on any party against whom a default has been entered except that pleadings asserting new or additional claims for relief against the party shall be served upon the party in the manner provided for service of original notice in rule 1.305. In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure. 1.442(2) How service is made. Service upon a party represented by an attorney shall be made upon the attorney unless service upon the party is ordered by the court. Service on an attorney who has made a limited appearance for a party shall constitute valid service on the represented party only in connection with the specific proceedings for which the attorney has appeared, including any hearing or trial at which the attorney appeared. Service shall be made by delivering, mailing, or transmitting by fax (facsimile) a copy to the attorney or to the party at the attorney’s or party’s last known address or, if no address is known, by leaving it with the clerk of court. Delivery within this rule means: handing it to the attorney or to the party; leaving it at the attorney’s or party’s office; or, if the office is closed or the person to be served has no office, leaving it at the attorney’s or party’s dwelling house or usual place of abode with some person of suitable age and discretion residing therein. Service by mail is complete upon mailing. Service may also be made upon a party or attorney by electronic mail (e-mail) if the person consents in writing in that case to be served in that manner. The written consentshallspecify the e-mail address for such service. The written consent may be withdrawn by written notice served on all other parties or attorneys. Service by electronic means is complete upon transmission, unless the party making service learns that the attempted service did not reach the person to be served.

Rule 4.15 (G)

(C)  Proof of filing and issuance dates. The clerk shall enter a filing date upon every praecipe, pleading, return, summons, affidavit or other paper filed with or entered of record by him. The clerk shall also enter an issuance date upon any summons issued, mailed or delivered by him, or other communication served or transmitted by him under these rules. Such filing or issuance date shall constitute evidence of the date of filing or issuance without further authentication when entered in the court records, or when the paper or a copy thereof is otherwise properly offered or admitted into evidence.


Iowa Court Rules

Kansas


Only if service by electronic means is specifically permitted by supreme court rules or a local rule.

Proof of service is made with a certificate of service.


60-205. Service and filing of pleadings and other papers. (a) Service; when required.

(1) In general. Except as otherwise provided in this chapter, each of the following papers must be served on every party:

(A) An order stating that service is required;

(B) a pleading filed after the original petition, unless the court orders otherwise under subsection (c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, offer of judgment or any similar paper.

(2) If a party fails to appear.  No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party in the manner provided for service of summons in article 3 of chapter 60 of the Kansas Statutes Annotated.

(b) Service; how made.

(1) Serving an attorney. If a party is represented by an attorney, service under this section must be made on the attorney unless the court orders service on the party.

(2) Service in general. A paper is served under this section by:

(A) Handing it to the person;

(B) leaving it:

(i) At the person's office with a clerk or other person in charge, or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it to the person's last known address, in which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by telefacsimile communication, in which event service is complete upon receipt of a confirmation generated by the transmitting machine; or

(F) serving it by electronic means when authorized by supreme court rule or a local rule.

[…]

(d) Filing.(1) Required filings; certificate of service. Any paper after the petition that is required to be served, together with a certificate of service, must be filed within a reasonable time after service. Only a certificate of service must be filed for expert disclosures under K.S.A. 60-226, and amendments thereto, and the following discovery requests and responses, which must not be filed until they are used in the proceeding or the court orders filing:

(A) Depositions other than those taken under K.S.A. 60-227, and amendments thereto;

(B) interrogatories;

(C) requests for documents or tangible things, or to permit entry onto land; and

(D) requests for admission.

60-303. Methods of service of process. (a) In general. Methods of service of process within this state, except service by publication as provided in K.S.A. 60-307, and amendments thereto, are described in this section. Methods of out-of-state service of process are described in K.S.A. 60-308, and amendments thereto.

(b) Who serves process. The sheriff of the county in which the action is filed must serve any process by any method authorized by this section, or as otherwise provided by law, unless a party, either personally or through an attorney, notifies the clerk that the party elects to undertake responsibility for service.

(c) Service by return receipt delivery. (1) Service of process may be made by return receipt delivery, which is effected by certified mail, priority mail, commercial courier service, overnight delivery service or other reliable personal delivery service to the party addressed, in each instance evidenced by a written or electronic receipt showing to whom delivered, the date of delivery, the address where delivered and the person or entity effecting delivery.

(2) The sheriff, party or party's attorney must give to the person or entity effecting delivery a copy of the process and petition or other document in a sealed envelope, with postage or other delivery fees prepaid, addressed to the person to be served in accordance with K.S.A. 60-304, and amendments thereto.

(3) Service of process is obtained under K.S.A. 60-203, and amendments thereto, upon the delivery of the sealed envelope.

(4) After service and return of the return receipt, the sheriff, party or party's attorney must execute and file a return of service. The return of service must state the nature of the process, to whom delivered, the date of delivery, the address where delivered and the person or entity effecting delivery. It must include a copy of the return receipt evidencing delivery.

(5) If the sealed envelope is returned with an endorsement showing refusal to accept delivery, the sheriff, party or the party's attorney may send a copy of the process and petition or other document by first-class mail, postage prepaid, addressed to the party to be served, or may elect other methods of service. If mailed, service is considered to be obtained three days after the mailing. Mailing must be evidenced by a certificate filed with the clerk. If the unopened envelope sent by first-class mail is returned as undelivered for any reason, service is not obtained and the sheriff, party or party's attorney must file an amended certificate with the clerk indicating nondelivery. Mere failure to claim the sealed envelope sent by return receipt delivery is not refusal of service within the meaning of this subsection.

(d) Personal and residence service. (1) A party may file with the clerk a written request for personal service or, in the case of service on an individual, for residence service.

(A) Personal service is effected by delivering or offering to deliver a copy of the process and petition or other document to the person to be served.

(B) Residence service on an individual is effected by leaving a copy of the process and petition or other document at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there.

(C) If personal or residence service cannot be made on an individual, other than a minor or a disabled person, service is effected by leaving a copy of the process and petition or other document at the individual's dwelling or usual place of abode and mailing to the individual by first-class mail, postage prepaid, a notice that the copy has been left at the individual's dwelling or usual place of abode.

(2) When process is to be served under this subsection, the clerk must deliver sufficient copies of the process and petition or other document to the sheriff or the county where the process is to be served or, if requested, to a person appointed to serve process or to the requesting party's attorney.

(3) Service, levy and execution of all process under this subsection, including, but not limited to, writs of execution, orders of attachment, replevin orders, orders for delivery, writs of restitution and writs of assistance, must be made by a sheriff within the sheriff's county, by the sheriff's deputy, by an attorney admitted to the practice of law in Kansas, by a person licensed as a private detective pursuant to K.S.A. 75-7b01 et seq., and amendments thereto, or by a person appointed as a process server by a judge or clerk of the district court.  A subpoena may also be served by any other person who is not a party and is at least 18 years of age.  Process servers should be appointed freely and may be authorized either to serve process in a single case or in cases generally during a fixed period of time.  An appointed process server, an authorized attorney or a licensed private detective may make the service anywhere in or outside this state and must be allowed the fees prescribed for the sheriff in K.S.A. 28-110, and amendments thereto.  The court may allow other fees and costs.  A person authorized under this subsection to serve, levy or execute process is considered an "officer" as that term is used in K.S.A. 60-706 and 60-2401, and amendments thereto.

(4) In all cases when the person to be served, or an agent authorized by the person to accept service of process, refuses to receive the process, the offer of the duly authorized process server to deliver the process, and the refusal, is sufficient service of process.

(e) Acknowledgment or appearance. An acknowledgment of service on the summons is equivalent to service. The voluntary appearance by a party is equivalent to service on the date of appearance.

(f) Other service methods for garnishments.  In addition to other methods listed in this section, a person serving a garnishment process may serve the process by any of the following methods:

(1) First-class mail.  Process may be sent to a person by first-class mail by placing a copy of the process and petition or other document to be served in an envelope addressed to the person to be served in accordance with K.S.A. 60-304, and amendments thereto, at the person's last known address. The envelope used for service must be addressed to the person in accordance with K.S.A. 60-304, and amendments thereto, and must contain adequate postage. The envelope must be sealed and placed in the United States mail. Service by first-class mail is complete when the envelope is placed in the mail unless it is returned undelivered.

(2) Telefacsimile communication. Process may be sent to a garnishee by telefacsimile communication at a telefacsimile number designated by the garnishee.  Service is complete upon receipt of a confirmation generated by the transmitting machine.

(3) Internet electronic mail.  Process may be sent to a garnishee by internet electronic mail at an internet electronic mail address designated by the garnishee and as provided by supreme court rules.  Service is complete upon receipt of an electronic confirmation of delivery.


Rules of civil procedure

Kentucky


E-service is allowed if the party consented by filing a notice with the clerk.

Proof of service must be made with an affidavit of service or by the return receipt.


5.02 Service; how made

(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, which shall not include a warning order attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Except as provided in paragraph (2) of this rule, service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party or by mailing it to the attorney or party at the last known address of such person; or, if no address is known, by leaving it with the clerk of the court. Service is complete upon mailing unless the serving party learns or has reason to know that it did not reach the person to be served. Delivery of a copy within this rule means handing it to the attorney or to a party; or leaving it at the office of the attorney or party with the person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

(2) An attorney or party may elect to effectuate and receive service via electronic means to and from all other attorneys or parties in the action by filing a notice of such election with the clerk and serving a copy of such election by personal delivery or by mail as provided for in paragraph (1) of this rule, except that such notice may be sent electronically to any other party or attorney who has already filed and served a notice of election of electronic service hereunder. Theala notice must include the electronic notification address at which the attorney or party agrees to accept service. Methods of electronic service that may be elected under this rule include electronic mail or telecopy (facsimile). Documents sent through electronic mail shall be sent as an attachment in PDF or similar format unless otherwise agreed by the parties. Once an attorney or party files a notice of election of electronic service and serves the notice on all other attorneys or parties in the case, all other attorneys or parties shall promptly provide the requesting party or attorney with an electronic notification address at which the other attorneys or parties may be served, and shall thereafter serve the requesting attorney or party through electronic means whenever service of a document is required by these rules. Upon motion of an attorney or party and for good cause shown, the court may relieve the attorney or party of the obligation to make or receive service by electronic means. Unrepresented parties who are unable to utilize electronic service methods may continue to serve all other attorneys or parties through any method permitted by these rules. Electronic service of documents that are filed with the clerk shall be made on or before the day they are filed. Service is complete upon electronic transmission, but electronic transmission is not effective if the serving party learns or has reason to know that it did not reach the person to be served. When documents are too large or numerous to be processed electronically by the sender or recipient, the serving attorney or party shall serve them by mail or personal delivery. The signature of an attorney or party on a document served by electronic mail may be represented by “/s/” followed by the typed name of the person signing the document or by a scanned version of an original signature. Signature in such manner is equivalent to a hand-signed original signature for all purposes under these Rules.

Service may be made upon an individual out of this state, other than an unmarried infant, a person of unsound mind or a prisoner, either by certified mail in the manner prescribed in Rule 4.01 (1) (a) or by personal delivery of a copy of the summons and of the complaint (or other initiating document) by a person over 18 years of age. Proof of service shall be made either by the return receipt mentioned in Rule 4.01 (1) (a) or by affidavit of the person making such service, upon or appended to the summons, stating the time and place of service and the fact that the individual served was personally known to him. Such service without an appearance shall not authorize a personal judgment, but for all other purposes the individual summoned shall be before the courts as in other cases of personal service.


Kentucky Rules of Civil Procedure

Louisiana

(Preliminary research)


E-service is allowed at the address expressly designated in a pleading or other writing.

Proof of service must be made with a certificate of the manner in which service was made.


Art. 1313.  Service by mail, delivery, or electronic means

  1.  Except as otherwise provided by law, every pleading subsequent to the original petition, and every pleading which under an express provision of law may be served as provided in this Article, may be served either by the sheriff or by:

(1)  Mailing a copy thereof to the counsel of record, or if there is no counsel of record, to the adverse party at his last known address, this service being complete upon mailing.

(2)  Delivering a copy thereof to the counsel of record, or if there is no counsel of record, to the adverse party.

(3)  Delivering a copy thereof to the clerk of court, if there is no counsel of record and the address of the adverse party is not known.

(4)  Transmitting a copy by electronic means to counsel of record, or if there is no counsel of record, to the adverse party, at the number or addresses expressly designated in a pleading or other writing for receipt of electronic service.  Service by electronic means is complete upon transmission but is not effective and shall not be certified if the serving party learns the transmission did not reach the party to be served.

  1.  When service is made by mail, delivery, or electronic means, the party or counsel making the service shall file in the record a certificate of the manner in which service was made.
  2.  Notwithstanding Paragraph A of this Article, if a pleading or order sets a court date, then service shall be made either by registered or certified mail or as provided in Article 1314, or by actual delivery by a commercial courier.
  3.  For purposes of this Article, a "commercial courier" is any foreign or domestic business entity having as its primary purpose the delivery of letters and parcels of any type, and that:

(1)  Acquires a signed receipt from the addressee, or the addressee's agent, of the letter or parcel upon completion of delivery.

(2)  Has no direct or indirect interest in the outcome of the matter to which the letter or parcel concerns.


Code of Civil Procedure

Maine

(Preliminary research)


E-service is allowed.

No proof of service is required since all the paper shall be filed by the court either before service or within reasonable time thereafter.  


RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, notice of change of attorneys, pretrial memorandum, demand, offer of judgment, designation of record and statement of points on appeal, and similar paper shall be served upon each of the parties no later than the date on which the paper is filed with the court, but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) Same: How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party personally is ordered by the court. When an attorney has filed a limited appearance under Rule 11(b), service upon the attorney is not required. Service upon an attorney who has ceased to represent a party is a sufficient compliance with this subdivision until written notice of change of attorneys has been served upon the other parties. Except as otherwise provided in these rules, service of the documents described in subdivision (a) upon a party who is represented by an attorney or an unpresented party who has opted in to Electronic Service shall be made

(1) by delivering a copy to the attorney or to the party; or

(2) by Electronic Service to the last known electronic mail address provided to the court or, if no electronic mail address is known, mailing it to the last known regular mail address, or, if neither is known, by leaving it with the clerk of the court.

If Electronic Service to the last known electronic mail address is returned as undeliverable, or the sender otherwise learns that it was not successfully delivered, service must then be made by regular mail. Service shall be complete upon the attempted Electronic Service for purposes of the sender meeting any time period. Service of the documents described in subdivision (a) upon an unrepresented party who has not opted in to Electronic Service or service of documents excluded from Electronic Service below shall be made by mailing them to the last known regular mail address of the party, or, if no mail address is known, by leaving them with the clerk of the court.

Electronic Service” means the electronic transmission of a pleading or document. Unless otherwise approved by the court, pleadings and other documents being transmitted electronically shall be sent or submitted as an attachment in portable document format (PDF), except that documents produced pursuant to rules 33 and 34, any record in support of summary judgment in excess of 50 pages, and the record of proceedings filed pursuant to Rules 80B or 80C are not required to be produced or transmitted in electronic format, and, in addition to being electronically served, original signed answers to interrogatories are required to be produced to the requesting party. Electronic Service shall be complete when transmitted, shall be presumed to have been received by the intended recipient, and shall have the same legal effect as the service of an original paper document. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the office of the attorney or of the party with the person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein, or, if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by regular mail is complete upon mailing.

RULE 140. ELECTRONIC SERVICE

(a) Definition. “Electronic Service” means the electronic transmission of:

(1) A notice required or permitted to be given by the court to a party pursuant to the BCD Procedural Rules or other Maine Rules of Civil Procedure; or

(2) A pleading or document required to be served by one party upon another party pursuant to the BCD Procedural Rules or other Maine Rules of Civil Procedure.

Electronic Service is not allowed if the pleading or document is one for which personal service is required by Rule 5. Electronic Service does not include service of process or summons by any party to gain jurisdiction over persons or property.

(b) Electronic Service of Notices by the Court. Any notice required or permitted to be given by the court in any matter assigned to the BCD shall be served electronically on all attorneys representing parties and unrepresented parties, except as otherwise permitted by Rule 140(d).

Hardcopy versions of all notices served electronically by the court shall be maintained in the court file and available at the BCD Clerk’s Office at 205 Newbury Street, Ground Floor, Portland, ME 04111.

(c) Electronic Service of Pleadings and Documents Amongst Parties. Any pleading or document required to be served by one party upon another party pursuant to the BCD Procedural Rules and other Maine Rules of Civil Procedure shall be served electronically, except as otherwise permitted by Rule 140(d) and provided that materials produced in discovery are not required to be produced or transmitted in electronic format.

(d) Alternative to Electronic Service. An attorney or unrepresented party who does not have and cannot acquire an electronic mail address may request that the court approve service in paper form pursuant to the Maine Rules of Civil Procedure or in such other manner as ordered by the court.

(e) Electronic Service Format. Notices, pleadings, or documents being transmitted electronically shall be sent or submitted as an attachment in portable document format (PDF) unless otherwise approved by the court. Electronic Service must comply with the requirements of Rule 138.

(f) Completion of Electronic Service. Electronic Service shall be complete when transmitted, presumed to have been received by the intended recipient, and shall have the same legal effect as an original paper document.

(g) Electronic Service Undeliverable. If service is made to the recipient’s most current electronic mail address on file with the court and returned as undeliverable, service must then be made by regular mail; provided, however, that unless alternative service has been authorized pursuant to Rule 140(d), any time period countable from the completion of service of a Notice by the Court shall be based upon the attempted service of the electronic notice.

(h) Time Periods. Unless prohibited by court rule or statute, the day of the Electronic Service shall not be included in calculating any time period prescribed for exercising any right, performing any duty, doing any act or making any response, except that this provision shall not affect any date-certain deadline or deadlines prescribed in the notice and Rule 6(c) shall not apply.


Maine Rules of Civil Procedure

Maryland


E-service through the MDEC is allowed if both the attorney serving the document and the attorney being served are registered on the MDEC – the public electronic service system - and have both entered an appearance in the case.

Proof of service is made with a certificate of service showing the date and manner of service


RULE 1-321. SERVICE OF PLEADINGS AND PAPERS OTHER THAN ORIGINAL PLEADINGS

(a) Generally. Except as otherwise provided in these rules or by order of court, every pleading and other paper filed after the original pleading shall be served upon each of the parties. If service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address. Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at the office of the person to be served with an individual in charge; or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving it at the dwelling house or usual place of abode of that person with some individual of suitable age and discretion who is residing there. Service by mail is complete upon mailing.

[…]

RULE 1-323 PROOF OF SERVICE

The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service. A certificate of service is prima facie proof of service.

RULE 20-205. SERVICE

(a) Original Process. Service of original process shall be made in accordance with the applicable procedures established by the other Titles of the Maryland Rules.

(b) Subpoenas. Service of a subpoena shall be made in accordance with the applicable procedures established by the other Titles of the Maryland Rules.

(c) Court Orders and Communications. The clerk is responsible for serving writs, notices, official communications, court orders, and other dispositions, in the manner set forth in Rule 1-321, on persons entitled to receive service of the submission who (A) are not registered users, (B) are registered users but have not entered an appearance in the affected action, and (C) are persons entitled to receive service of copies of tangible items that are in paper form.

(d) Other Electronically Filed Submissions.

(1) On the effective date of filing, the MDEC system shall electronically serve on registered users entitled to service all other submissions filed electronically.

Cross reference: For the effective date of filing, see Rule 20-202.

(2) The filer is responsible for serving, in the manner set forth in Rule 1-321, persons entitled to receive service of the submission who (A) are not registered users, (B) are registered users but have not entered an appearance in the action, or (C) are persons entitled to receive service of copies of tangible items that are in paper form.

Committee note: Rule 1-203 (c), which adds three days to certain prescribed periods after service by mail, does not apply when service is made by the MDEC system.


Md. Rules.

Massachusetts


E-service is allowed if the parties agree in writing to the method of service and the electronic format.

Proof of service is made with a certificate of service for each paper served. The certificate shall include the following statement: I hereby certify that a true copy of the above document was served upon (each party appearing pro se) and the attorney of record for each (other) party by mail (by hand) on (date). (Signature).

Proof or service must be filed in hard copy with original written signatures.


Rule 5: Service and Filing of Pleadings and Other Papers

(a) Service: When Required. Except as otherwise provided in these Rules, or unless the court on motion with or without notice or of its own initiative otherwise orders, every order required by its terms to be served, every pleading subsequent to the original complaint, every paper relating to discovery required to be served upon a party, every written motion other than one which may be heard ex parte, and every written notice, notice of change of attorney, appearance, demand, brief or memorandum of law, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on any party in default for failure to appear except that any pleading asserting new or additional claims for relief against him shall be served upon him in the manner provided for service of summons in Rule 4 and except as otherwise provided in Rule 55(b)(2) with regard to notice of a hearing on the amount of damages.

(b) Same: How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing.

(d) Filing generally, and nonfiling of discovery materials

(1) Except as otherwise provided in Rule 5(d)(2), all papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter. Such filing by a party's attorney shall constitute a representation by him, subject to the obligations of Rule 11, that a copy of the paper has been or will be served upon each of the other parties as required by Rule 5(a). No further proof of service is required unless an adverse party raises a question of notice. In such event, prima facie proof of service shall be made out by a statement signed by the person making service, or by a written acknowledgment signed by the party or attorney served; and such statement or acknowledgment shall be filed within a reasonable time after notice has been questioned. Failure to make proof of service does not affect the validity of service.


(a) All documents e-filed must be served

Except as otherwise provided in the Massachusetts Court Rules and Orders, or as otherwise ordered by the court, all electronically filed documents must be served on all other parties. Any document filed through the e-filing system must include a certificate of service. Subject to a court's specific requirement, the certificate of service may appear as a part of the document being filed or may be filed as a separate document.

(b) Electronic service accomplished through the electronic filing service provider; conventional service required for non-registered participants

All Users in a case may be served electronically through the e-filing system, even when the parties to a case comprise both Users and Non-Registered Participants. When the parties to a case comprise both Users and Non-Registered Participants, the User submitting the document for filing through the e-filing system is responsible for serving a copy of the document to all parties who are Non-Registered Participants in accordance with other Massachusetts Court Rules and Orders.

(c) Conventional service required if electronic service notification is undeliverable

If a filing User receives notice that electronic service on any party was undeliverable, the filing User shall then serve the document on that party by conventional methods.

(d) Electronic notification shall signal completion of electronic service

Electronic service shall be deemed complete at the time of transmission to the e-mail account of the Service Contact.

(e) Calculation of time to respond

For the purpose of computing time to respond to documents electronically filed, whenever a User has the right or is required to do some act within a prescribed period after the completion of electronic service of a notice or other documents upon him/her and the notice or document is either served upon him/her by electronic means, or the document was filed electronically and served by conventional methods, three days shall be added to the prescribed period.


Massachusetts Rules of Civil Procedure

Massachusetts Rules of Electronic Filing

Michigan


E-service is allowed between attorneys if there is a stipulation filed to that effect.

Documents served must be in PDF.

Each e-mail that transmits a document shall include a subject line that identifies the case by court, party name, case number, and the title or legal description of the document(s) being sent.

Proof of service is made via written acknowledgment of service, affidavit of the person making the service, a statement regarding the service verified under MCR 2.114(B), or other proof satisfactory to the court. The proof of service may be included at the end of the paper as filed. Proof of service must be filed promptly and at least at or before a hearing to which the paper relates.


RULE 2.107 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(A) Service; When Required.

(1) Unless otherwise stated in this rule, every party who has filed a pleading, an appearance, or a motion must be served with a copy of every paper later filed in the action. A nonparty who has filed a motion or appeared in response to a motion need only be served with papers that relate to that motion.

(2) Except as provided in MCR 2.603, after a default is entered against a party, further service of papers need not be made on that party unless he or she has filed an appearance or a written demand for service of papers. However, a pleading that states a new claim for relief against a party in default must be served in the manner provided by MCR 2.105.

(3) If an attorney appears on behalf of a person who has not received a copy of the complaint, a copy of the complaint must be delivered to the attorney on request.

(4) All papers filed on behalf of a defendant must be served on all other defendants not in default. Chapter 2. Civil Procedure Page 25 Last Updated May 30, 2017

(B) Service on Attorney or Party.

(1) Service required or permitted to be made on a party for whom an attorney has appeared in the action must be made on the attorney except as follows:

(a) The original service of the summons and complaint must be made on the party as provided by MCR 2.105;

(b) When a contempt proceeding for disobeying a court order is initiated, the notice or order must be personally delivered to the party, unless the court orders otherwise;

(c) After a final judgment or final order has been entered and the time for an appeal of right has passed, papers must be served on the party unless the rule governing the particular postjudgment procedure specifically allows service on the attorney; (d) The court may order service on the party.

(2) If two or more attorneys represent the same party, service of papers on one of the attorneys is sufficient. An attorney who represents more than one party is entitled to service of only one copy of a paper.

(3) If a party prosecutes or defends the action on his or her own behalf, service of papers must be made on the party in the manner provided by subrule (C).

(C) Manner of Service. Service of a copy of a paper on an attorney must be made by delivery or by mailing to the attorney at his or her last known business address or, if the attorney does not have a business address, then to his or her last known residence address. Service on a party must be made by delivery or by mailing to the party at the address stated in the party's pleadings.

(1) Delivery to Attorney. Delivery of a copy to an attorney within this rule means

(a) handing it to the attorney personally, or, if agreed to by the parties, e-mailing it to the attorney as allowed under MCR 2.107(C)(4);

(b) leaving it at the attorney's office with the person in charge or, if no one is in charge or present, by leaving it in a conspicuous place; or

(c) if the office is closed or the attorney has no office, by leaving it at the attorney's usual residence with some person of suitable age and discretion residing there.

(2) Delivery to Party. Delivery of a copy to a party within this rule means

(a) handing it to the party personally, or, if agreed to by the parties, e-mailing it to the party as allowed under MCR 2.107(C)(4); or

(b) leaving it at the party's usual residence with some person of suitable age and discretion residing there.

(D) Proof of Service. Except as otherwise provided by MCR 2.104, 2.105, or 2.106, proof of service of papers required or permitted to be served may be by written acknowledgment of service, affidavit of the person making the service, a statement regarding the service verified under MCR 2.114(B), or other proof satisfactory to the court. The proof of service may be included at the end of the paper as filed. Proof of service must be filed promptly and at least at or before a hearing to which the paper relates.

(4)E-mail. Some or all of the parties may agree to e-mail service amongst themselves by filing a stipulation in that case. Some or all of the parties may agree to e-mail service by a court by filing an agreement with the court to do so. E-mail service shall be subject to the following conditions:

(a)The stipulation or agreement for service by e-mail shall set forth the e-mail addresses of the parties or attorneys that agree to e-mail service, which shall include the same e-mail address currently on file with the State Bar of Michigan. If an attorney is not a member of the State Bar of Michigan, the e-mail address shall be the e-mail address currently on file with the appropriate registering agency in the state of the attorney’s admission. Parties and attorneys who have stipulated or agreed to service by e-mail under this subsection shall immediately notify all other parties and the court if the party’s or attorney’s e-mail address changes.

(b)The parties shall set forth in the stipulation or agreement all limitations and conditions concerning e-mail service, including but not limited to:

(i)the maximum size of the document that may be attached to an e-mail;

(ii)designation of exhibits as separate documents;

(iii)the obligation (if any) to furnish paper copies of e-mailed documents; and

(iv)the names and e-mail addresses of other individuals in the office of an attorney of record designated to receive e-mail service on behalf of a party.

(c)Documents served by e-mail must be in PDF format or other format that prevents the alteration of the document contents.

(d)A paper served by e-mail that an attorney is required to sign may include the attorney’s actual signature or a signature block with the name of the signatory accompanied by “s/” or “/s/.” That designation shall constitute a signature for all purposes, including those contemplated by MCR 2.114(C) and (D).

(e)Each e-mail that transmits a document shall include a subject line that identifies the case by court, party name, case number, and the title or legal description of the document(s) being sent.

(f)An e-mail transmission sent after 4:30 p.m. Eastern Time shall be deemed to be served on the next day that is not a Saturday, Sunday, or legal holiday. Service by e-mail under this subrule is treated as service by delivery under MCR 2.107(C)(1).

(g)A party may withdraw from a stipulation or agreement for service by e-mail if that party notifies the other party or parties and the court in writing at least 28 days in advance of the withdrawal.

(h)Service by e-mail is complete upon transmission, unless the party making service learns that the attempted service did not reach the e-mail address of the intended recipient. If an e-mail is returned as undeliverable, the party, attorney, or court must serve the paper or other document by regular mail under MCR 2.107(C)(3), and include a copy of the return notice indicating that the e-mail was undeliverable. A party, attorney, or court must also retain a notice that the e-mail was undeliverable.

(i)The e-mail sender shall maintain an archived record of sent items that shall not be purged until the conclusion of the case, including the disposition of all appeals.

Rule 2E.201 General Provisions (A) Service of process shall be accomplished electronically among authorized users through the electronic filing system in accordance with these rules. Service of documents on other parties who are not authorized users must be completed in the traditional manner, according to Michigan Court Rules. (B) Delivery of documents through the electronic filing service provider in conformity with these e-filing rules shall be considered valid and effective personal service.


Michigan Court Rules of 1985

Minnesota


E-service is allowed if the attorney is a registered user of the E-File service.

E-Service is also allowed between attorneys if the parties agreed to service by electronic means.


Rule 14.E-Filing and E-Service

Rule 14.01Mandatory and Voluntary E-File and E-Service

[…]

(1) Cases Subject to Mandatory E-Filing and E-Service. Effective July 1, 2015, unless otherwise required or authorized by these rules, other rules of court, or an order of the court, Select Users in any case in the Second Judicial District, Fourth Judicial District, and in the districts or portions thereof designated by the state court administrator, shall file all documents electronically with the court through the E-Filing System and shall serve documents electronically through the E-Filing System as required under Rule 14.03(d) of these rules.

Effective July 1, 2016, unless otherwise required or authorized by these rules, other rules of court, or an order of the court, Select Users in any case throughout the State of Minnesota shall file all documents electronically with the court through the E-Filing System and shall serve documents electronically through the E-Filing System as required under Rule 14.03(d) of these rules.

 

Rule 14.03Filing and Service of Documents and Court Notices

[…]

(d) Service by Registered Users. Unless personal service is otherwise required by statute, these rules, other rules of court, or an order of the court, a Registered User shall serve all documents required or permitted to be served upon another party or person in the following manner:

(1) Service on Registered Users. Except as otherwise permitted in subpart (3) below, where the party or person to be served is a Registered User, who has electronically filed a document in the case, service shall be accomplished through the E-Filing System by utilizing the electronic service function of the E-Filing System.

(2) Service on Other Parties or Participants. Where the party or participant to be served is not a Registered User or has not electronically filed a document in the case but has agreed to service by electronic means outside the E-Filing System (such as by e-mail), service may be made in the agreed upon manner. The presiding judge or judicial officer may also order that service on the non-Registered User be made by electronic means outside of the E-Filing System. Where service by electronic means is not required or permitted, another method of service authorized under applicable rules or law must be used.

(3) Service of Discovery Material. Unless required by court order, electronic service of discovery material through the E-Filing System shall be voluntary, and discovery material may be served in any manner authorized by the court rules, as agreed by the parties, or as ordered by the court. For purposes of this rule, discovery material includes but is not limited to:

(i) disclosures under Minn. R. Civ. P. 26, expert disclosures and reports, depositions and interrogatories, requests for documents, requests for admission, answers and responses thereto, and any other material as designated by the presiding judge or judicial officer; and

(ii) discovery requests and responses as defined in any applicable court rules; and

(iii) any other material as designated by the presiding judge or judicial officer.

 

Rule 7.Proof of Service

When a document has been conventionally served before filing, proof of service shall be affixed to the document so that the identity of the document is not obscured. If a document is filed before conventional service has been made, proof of service shall be filed within 10 days after service is made. When a document had been served through the E-Filing System in accordance with Rule 14, the record of service on the E-Filing System shall constitute proof of service.


Rule 5. Service and Filing of Pleadings and Other Papers

  1. 5.01 Service; When Required; Appearance

Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar document shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4. A party appears when that party serves or files any document in the proceeding.

  1. 5.02 Service; How Made

(a) Methods of Service. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Written admission of service by the party or the party's attorney shall be sufficient proof of service. If Rule 14 of the General Rules of Practice for the District Courts or an order of the Minnesota Supreme Court authorizes or requires that service be made by electronic means, service shall be made by compliance with subdivision (b) of this rule. Otherwise, service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party; by mailing a copy to the attorney or party at the attorney's or party's last known address; or, if no address is known, by leaving it with the court administrator. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney's or party's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the attorney's or party's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

(b) E-Service. Service of all documents after the original complaint may, and where required by these rules shall, be made by electronic means as authorized by Rule 14 of the General Rules of Practice for the District Courts.

(c) Effective Date of Service. Service by mail is complete upon mailing. Service by facsimile is complete upon completion of the facsimile transmission. Service by authorized electronic means using the court's E-Filing System as defined by Rule 14 of the General Rules of Practice for the District Courts is complete upon completion of the electronic transmission of the document(s) to the E-Filing System.

(d) Technical Errors; Relief. Upon satisfactory proof that electronic filing or electronic service of a document was not completed, any party may obtain relief in accordance with Rule 14.01(c) of the General Rules of Practice for the District Courts.


General Rules of Practice

Minnesota Rules of Civil Procedure

Mississippi


E-Service is allowed between attorneys without any consent required if the court has not adopted an Electronic Court System Service.

The attorney being served must acknowledge receipt of the material for the e-service to be completed.

Proof of service of any paper shall be upon certificate of the person executing same.


RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided in Rule 4 for service of summons. In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.

(b) (1) Service: How Made. Whenever under these rules service is required or permitted to be made upon a party who is represented by an attorney of record in the proceedings, the service shall be made upon such attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to him; or by transmitting it to him by electronic means; or by mailing it to him at his last known address, or if no address is known, by leaving it with the clerk of the court, or by transmitting it to the clerk by electronic means. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by electronic means is complete when the electronic equipment being used by the attorney or party being served acknowledges receipt of the material. If the equipment used by the attorney or party being served does not automatically acknowledge the transmission, service is not complete until the sending party obtains an acknowledgment from the recipient. Service by mail is complete upon mailing.

(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter but, unless ordered by the court, discovery papers need not be filed until used with respect to any proceeding. Proof of service of any paper shall be upon certificate of the person executing same.

(2) Electronic Court System Service: How Made. Where a court has, by local rule, adopted the Mississippi Electronic Court System, service which is required or permitted under these rules shall be made in conformity with the Mississippi Electronic Court System procedures.


Mississippi Rules of Civil Procedure

Missouri


E-service shall be made to electronic filing system’s registered users through the electronic system. E-service is allowed upon an attorney party who is not a registered user of the electronic filing system by electronic mail if the email address is in their signature block of their pleading, without consent being required, after the initial appearance. The original petition and summons must be personal.

No proof of service is required after the initial appearance.


43.01. Service of Pleadings and Other Papers

(a) Service - When Required. Each party shall be served with:

(1) Every pleading subsequent to the original petition;

(2) Every written motion, other than one that may be heard ex parte; and

(3) Every written notice, appearance, demand, offer of judgment, order, and similar paper that by statute, court rule or order is required to be served.


No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons.

(b) Service - On Whom. Whenever under these rules or any of the statutes of this state service is required or permitted to be made upon a party represented by an attorney of record, the service shall be made upon the attorney, unless the court orders service upon the party. When more than one attorney represents a party, service may be made upon any such attorney. If an attorney has filed an entry of limited appearance for an otherwise self-represented person, service shall be made on:

(1) The self-represented person, and 

(2) Until the attorney files a termination of limited appearance, the attorney.

(c) Service - How and by Whom Made. Attorneys and self-represented parties shall state in the signature blocks of their pleadings their current mailing addresses, telephone numbers, facsimile numbers, electronic addresses, and Missouri bar numbers, if any. This information shall be kept current at all times. Service may be directed to any of these addresses.

Unless otherwise ordered by the court, service required by Rules 43.01(a) and 43.01(b) may be made in the following manner:

(1) Upon the attorney:

(A) By delivering a copy to the attorney;

(B) By leaving a copy at the attorney’s office with a clerk, receptionist, or secretary or with an attorney employed by or associated with the attorney to be served;

(C) By facsimile transmission;

(D) By electronic mail; or

(E) By mailing a copy to the attorney at the attorney’s last known address;

(2) Upon a party:

(A) By delivering or mailing a copy to the party;

(B) By facsimile transmission;

(C) By electronic mail; or

(D) By serving a copy in the manner provided for service of summons in Rule 54.13.

103.08 SERVICE Service shall be made to registered users through the electronic filing system and to all others as provided in Rule 43.01(c). Service by the electronic filing system is complete upon transmission except that, for the purposes of calculating the time for filing a response, a transmission made on a Saturday, Sunday, or legal holiday, or after 5:00 p.m., shall be considered complete on the next day that is not a Saturday, Sunday, or legal holiday. 103.09 NOTICE OF ENTRY OF ORDERS


506.120. Upon the filing of the petition, the clerk shall forthwith issue the required summons or other process, and except as otherwise provided herein deliver it for service to the sheriff or to a person specially appointed to serve it. Upon request of the in a civil lawsuitplaintiff, separate or additional summons shall issue against any defendants, including alias and pluries summons.


Missouri Rules of Civil Procedure

Missouri Laws

Montana

(Preliminary research)


E-service is allowed if the person consented in writing.

The service is complete upon transmission but not effective if the serving party learns that it did not reach the person to be served.

Proof of service is not required.


Rule 5. Serving and Filing Pleadings and Other Papers

(a) Service:  When Required.

(1) In General.  Unless these rules provide otherwise, each of the following papers must be served on every party:

(A) An order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(C) a discovery paper required to be served on a party, unless the court orders otherwise;

(D) a written motion and any supporting brief, except one that may be heard ex parte;

(E) a written notice, appearance, demand, or offer of judgment, or any similar paper;  and

(F) briefs, supporting appendices, and supporting affidavits.

(2) If a Party Fails to Appear.  No service is required on a party who is in default for failing to appear.  But a pleading that asserts a new claim for relief against such a party must be served on that party in the manner provided for service under Rule 4.

(3) Seizing Property.  If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

(b) Service:  How Made.

(1) Serving an Attorney.  If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(2) Service in General.  A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office;  or

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it to the person's last known address--in which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means if the person consented in writing--in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served;  or

(F) delivering it by any other means that the person consented to in writing--in which event service is complete when the person making service delivers it to the party or agency designated to make delivery.


Montana Rules of Civil Procedure

Nebraska

(Preliminary research)


E-service is allowed if the person being served has designated an e-mail address or has registered to use E-Filing or consented in writing.

Proof of service is made by certificate of the attorney causing the service to be made or by certificate of the party not represented by an attorney. A certificate of service shall state the manner in which service was made on each person served.


6-1105. Serving and filing pleadings and other papers.

[…]

(b) How made.

(1) Whenever in any action or proceeding, any order, motion, notice, or other document, except a summons, is required by statute or rule of the Supreme Court to be served upon or given to any party represented by an attorney whose appearance has been noted on the record, such service or notice shall be made upon or given to such attorney, unless service upon the party or some other person is ordered by the court.

(2) Service upon an attorney or upon a party not represented by an attorney shall be made by:

[…]

  (E) sending it to the person by electronic means if the person being served has designated an e-mail address pursuant to § 6-1111(a)(2) or has registered to use E-Filing under § 6-403; or

   (F) delivering it by electronic or other means consented to in writing by the party being served.

 (3) Proof of service may be made by certificate of the attorney causing the service to be made or by certificate of the party not represented by an attorney. A certificate of service shall state the manner in which service was made on each person served.


Nebraska Supreme Court Rules

Nevada


E-Service is allowed if the attorney or the party served has consented to service by electronic means.

Proof of service may be made by certificate of an attorney or of the attorney’s employee, or by written admission, or by affidavit, or other proof satisfactory to the court.


RULE 5.  SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

      (a) Service: When Required.  Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

      (b) Same: How Made.

(1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless the court orders that service be made upon the party.

(2) Service under this rule is made by:

(A) Delivering a copy to the attorney or the party by:

(i) handing it to the attorney or to the party;

(ii) leaving it at the attorney’s or party’s office with a clerk or other person in charge, or if there is no one in charge, leaving it in a conspicuous place in the office; or

(iii) if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion residing there.

(B) Mailing a copy to the attorney or the party at his or her last known address. Service by mail is complete on mailing; provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by mail, be filed within the time allowed for service; and provided further, that after such initial appearance, service by mail be made only by mailing from a point within the State of Nevada.

(C) If the attorney or the party has no known address, leaving a copy with the clerk of the court.

(D) Delivering a copy by electronic means if the attorney or the party served has consented to service by electronic means. Service by electronic means is complete on transmission provided, however, a motion, answer or other document constituting the initial appearance of a party must also, if served by electronic means, be filed within the time allowed for service. The served attorney’s or party’s consent to service by electronic means shall be expressly stated and filed in writing with the clerk of the court and served on the other parties to the action. The written consent shall identify:

(i) the persons upon whom service must be made;

(ii) the appropriate address or location for such service, such as the electronic-mail address or facsimile number;

(iii) the format to be used for attachments; and

(iv) any other limits on the scope or duration of the consent.

An attorney’s or party’s consent shall remain effective until expressly revoked or until the representation of a party changes through entry, withdrawal, or substitution of counsel. An attorney or party who has consented to service by electronic means shall, within 10 days after any change of electronic-mail address or facsimile number, serve and file notice of the new electronic-mail address or facsimile number.

(3) Service by electronic means under Rule 5(b)(2)(D) is not effective if the party making service learns that the attempted service did not reach the person to be served.

(4) Proof of service may be made by certificate of an attorney or of the attorney’s employee, or by written admission, or by affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service.


Rule 9.  Electronic service.

      (a) Applicability.  Electronic service of documents is limited to those documents permitted to be served by mail, express mail, overnight delivery, or facsimile transmission. A complaint, petition or other document that must be served with a summons, and a summons or a subpoena cannot be served electronically.

      (b) Service on registered users.  When a document is electronically filed, the court or authorized electronic filing service provider must provide notice to all registered users on the case that a document has been filed and is available on the electronic service system document repository. The notice must be sent by e-mail to the addresses furnished by the registered users under Rule 13(c). This notice shall be considered as valid and effective service of the document on the registered users and shall have the same legal effect as service of a paper document. A court is not required to make a document available until after the clerk has reviewed and endorsed the document.

      (c) Consent to electronic service.  Other than service of a summons or subpoena, users who register with the electronic filing system are deemed to consent to receive service electronically. A party may also agree to accept electronic service by filing and serving a notice. The notice must include the electronic notification address(es) at which the party agrees to accept service.

      (d) Service on nonregistered recipients.  The party filing a document must serve nonregistered recipients by traditional means such as mail, express mail, overnight delivery, or facsimile transmission and provide proof of such service to the court.

      (e) Service list.  The parties must provide the clerk with a service list indicating the parties to be served. The clerk shall maintain the service list, indicating which parties are to be served electronically and which parties are to be served in the traditional manner.

      (f) Time of service; time to respond.  Electronic service is complete at the time of transmission of the notice required by subsection (b) of this rule. For the purpose of computing time to respond to documents received via electronic service, any document served on a day or at a time when the court is not open for business shall be deemed served at the time of the next opening of the court for business.


Nevada Rules of Civil Procedure

New Hampshire

(Preliminary research)


E-service is allowed between attorneys if the parties filed an agreement to service and communicate by email.

The email header shall include the caption of the case and its docket number and the documents shall be in PDF.

Proof of service is not required.


Rule 3. Filing and Service

(a)  Copies of all pleadings filed and communications addressed to the court shall be furnished forthwith to all other counsel and any self-represented party.  All such pleadings and communications shall contain a statement of compliance herewith.

(b) In any case when all parties are represented by lawyers, all parties' counsel may agree that pleadings filed and communications addressed to the court may be furnished to all other counsel by email. An agreement may be filed with the court by stipulation. Such agreement shall list the email address(es) at which counsel agrees to be served. The email header shall include the caption of the case and its docket number. Pleadings and communications furnished in accordance with this rule shall be attached to the email in .PDF file format. Documents so furnished may have on their signature lines a copy of counsel's signature, a facsimile thereof, “/s/ [counsel's name]” as used in the federal ECF system, or similar notation indicating the document was signed.

(c)  When an attorney has filed a limited appearance under Rule 17(c) on behalf of an opposing party, copies of pleadings filed and communications addressed to the court shall be furnished both to the opposing party who is receiving the limited representation and to the limited representation attorney.  After the limited representation attorney files that attorney’s “withdrawal of limited appearance” form, as provided in Rule 17(f), no further service need be made upon that attorney. 

(d)  A no contact order in a domestic violence, stalking, or similar matter shall not be deemed to prevent either party from filing appearances, motions, objections and other appropriate filings through the court.  At the request of the filing party, the court shall forward a copy of the document to the party or counsel on the other side of the case.  Furthermore, the no contact provisions shall not be deemed to prevent contact between counsel, when both parties are represented.


Rules of the Superior Court of the State of New Hampshire

New Jersey


E-service of all papers subsequent to the initial filling is not prohibited by the rules, but all parties must consent to email service. Generally, the service of documents filed through the e-filing system will be made through the service. E-filing is mandatory in most courts.

Proof of service is made 1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) by a certification of service appended to the paper to be filed and signed by the attorney for the party effecting service.

No proof of service is required if the service if effectuated through the New Jersey Court e-filing system.


RULE 1:5. SERVICE AND FILING OF PAPERS

1:5-1. Service: When Required

(a) Civil Actions. In all civil actions, unless otherwise provided by rule or court order, orders, judgments, pleadings subsequent to the original complaint, written motions (not made ex parte), briefs, appendices, petitions and other papers except a judgment signed by the clerk shall be served upon all attorneys of record in the action and upon parties appearing pro se; but no service need be made on parties who have failed to appear except that pleadings asserting new or additional claims for relief against such parties in default shall be served upon them in the manner provided for service of original process. The party obtaining an order or judgment shall serve it as herein prescribed within 7 days after the date it was signed unless the court otherwise orders therein

[…]

1:5-2. Manner of Service

Service upon an attorney of papers referred to in R. 1:5-1 shall be made by mailing a copy to the attorney at his or her office by ordinary mail, by handing it to the attorney, or by leaving it at the office with a person in the attorney's employ, or, if the office is closed or the attorney has no office, in the same manner as service is made upon a party. Service upon a party of such papers shall be made as provided in R. 4:4- 4 or by registered or certified mail, return receipt requested, and simultaneously by ordinary mail to the party's last known address. If no address is known, despite diligent effort, the filing of papers with the clerk shall be deemed to satisfy that service requirement and there need be no separate service upon the clerk. Mail may be addressed to a post office box in lieu of a street address only if the sender cannot by diligent effort determine the addressee's street address or if the post office does not make street-address delivery to the addressee. The specific facts underlying the diligent effort required by this rule shall be recited in the proof of service required by R. 1:5-3. If, however, proof of diligent inquiry as to a party's whereabouts has already been filed within six months prior to service under this rule, a new diligent inquiry need not be made provided the proof of service required by R. 1:5-3 asserts that the party making service has no knowledge of any facts different from those recited in the prior proof of diligent inquiry.

Rule 1:5-3. Proof of Service Proof of service of every paper referred to in R. 1:5-1 may be made (1) by an acknowledgment of service, signed by the attorney for a party or signed and acknowledged by the party, or (2) by an affidavit of the person making service, or (3) by a certification of service appended to the paper to be filed and signed by the attorney for the party making service. If service has been made by mail the affidavit or certification shall state that the mailing was to the last known address of the person served. A proof of service made by affidavit or certification shall state the name and address of each attorney served, identifying the party that attorney represents, and the name and address of any pro se party. The proof shall be filed with the court promptly and in any event before action is to be taken on the matter by the court. Where service has been made by registered or certified mail, filing of the return receipt card with the court shall not be required. Failure to make proof of service does not affect the validity of the service, and the court at any time may allow the proof to be amended or supplied unless an injustice would result.


New Jersey Court Rules

New Mexico

(Preliminary research)


1-005. Service and filing of pleadings and other papers.

  1. Service; when required. Except as otherwise provided in these rules, every written order, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party, unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of settlement, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 1-004 NMRA.
  2. Service; how made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party, or by mailing a copy to the attorney or party at the attorney’s or party’s last known address. Service by mail is complete upon mailing.
  3. Definitions. As used in this rule:

(1) “Delivering a copy” means:

(a) handing it to the attorney or to the party;

(b) sending a copy by facsimile or electronic transmission when permitted by Rule 1-005.1 NMRA or Rule 1-005.2 NMRA;

(c) leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof, or, if there is no one in charge, leaving it in a conspicuous place in the office;

(d) if the attorney’s or party’s office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some person of suitable age and discretion then residing there; or

(e) leaving it at a location designated by the court for serving papers on attorneys, if the following requirements are met:

(i) the court, in its discretion, chooses to provide such a location; and

(ii) service by this method has been authorized by the attorney, or by the attorney’s firm, organization, or agency on behalf of the attorney.

(2) “Mailing a copy” means sending a copy by first class mail with proper postage.

[…]

 

1-005.1. Service and filing of pleadings and other papers by facsimile.

  1. Facsimile copies permitted to be filed. Subject to the provisions of this rule, a party may file a facsimile copy of any pleading or paper by faxing a copy directly to the court or by faxing a copy to an intermediary agent who files it in person with the court. A facsimile copy of a pleading or paper has the same effect as any other filing for all procedural and statutory purposes. The filing of pleadings and other papers with the court by facsimile copy shall be made by faxing them to the clerk of the court at a number designated by the clerk, except if the paper or pleading is to be filed directly with the judge, the judge may permit the papers to be faxed to a number designated by the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk. Each judicial district shall designate one or more telephone numbers to receive fax filings.
    B. Facsimile service by court of notices, orders or writs. Facsimile service may be used by the court for issuance of any notice, order or writ. The clerk shall note the date and time of successful transmission on the file copy of the notice, order or writ.
    C. Paper size and quality. No facsimile copy shall be filed with the court unless it is on plain paper and substantially satisfies all of the requirements of Rule 1-100 NMRA.
    D. Filing pleadings or papers by facsimile. A pleading or paper may be filed with the court by facsimile transmission if:
    (1) a fee is not required to file the pleading or paper;
    (2) only one copy of the pleading or paper is required to be filed;
    (3) unless otherwise approved by the court, the pleading or paper is not more than ten (10) pages in length excluding the facsimile cover page; and
    (4) the pleading or paper to be filed is preceded by a cover sheet with the names of the sender and the intended recipient, any applicable instructions, the voice and facsimile telephone numbers of the sender, an identification of the case, the docket number and the number of pages transmitted.
    E. Facsimile copy filed by an intermediary agent. Facsimile copies of pleadings or papers filed in person by an intermediary agent are not subject to the restrictions of Paragraph D of this rule.
    F. Time of filing. If facsimile transmission of a pleading or paper is begun before the close of the business day of the court in which it is being filed, it will be considered filed on that date. If facsimile transmission is begun after the close of business, the pleading or paper will be considered filed on the next court business day. For any questions of timeliness, the time and date affixed on the cover page by the court's facsimile machine will be determinative.
    G. Service by facsimile. Any document required to be served by Paragraph A of Rule 1-005 NMRA may be served on a party or attorney by facsimile transmission if the party or attorney has:
    (1) listed a facsimile telephone number on a pleading or paper filed with the court in the action;
    (2) a letterhead with a facsimile telephone number; or
    (3) agreed to be served with a copy of the pleading or paper by facsimile transmission.
    Service by facsimile is accomplished when the transmission of the pleading or paper is completed.
    H. Demand for original. A party shall have the right to inspect and copy any pleading or paper that has been filed or served by facsimile transmission if the pleading or paper has a statement signed under oath or affirmation or penalty of perjury.
    I. Conformed copies. Upon request of a party, the clerk shall stamp additional copies provided by the party of any pleading filed by facsimile transmission. 
    [Approved, effective January 1, 1999; as amended, effective August 1, 2000; January 3, 2005.]

 

1-005.2. Electronic service and filing of pleadings and other papers.

  1. Definitions. As used in these rules

(1) "electronic transmission" means the transfer of data from computer to computer other than by facsimile transmission;

(2) "document" includes the electronic representation of pleadings and other papers; and

(3) "EFS" means the electronic filing system approved by the Supreme Court for use by the district courts to file and serve documents by electronic transmission in civil actions.

[…]

C. Service by electronic transmission. Any document required to be served by Rule 1-005(A) NMRA may be served on a party or attorney by electronic transmission of the document if the party or attorney has agreed to be served with pleadings or papers by electronic mail or if the attorney for the party to be served has registered with the court’s EFS. Documents filed by electronic transmission under Paragraph A of this rule may be served by an attorney through the court’s EFS, or an attorney may elect to serve documents through other methods authorized by this rule, Rule 1-005 NMRA, or Rule 1-005.1 NMRA. Electronic service is accomplished when the transmission of the pleading or paper is completed. If within two (2) days after service by electronic transmission, a party served by electronic transmission notifies the sender of the electronic transmission that the pleading or paper cannot be read, the pleading or paper shall be served by any other method authorized by Rule 1-005 NMRA designated by the party to be served. The court may serve any document by electronic transmission to an attorney who has registered with the EFS under this rule and to any other person who has agreed to receive documents by electronic transmission.


New Mexico Rules of Civil Procedure

New York


Service shall be made through the e-filing system to all authorized e-filers.

E-service is allowed if the party gave written consent and if the subject matter indicates that the matter being transmitted electronically is related to a court proceeding.

Proof of service must be made with an affidavit of service.


Section 2103 – Service of papers

(a) Who can serve.  Except where otherwise prescribed by law or order of court, papers may be served by any person not a party of the age of eighteen years or over.

 

(b) Upon an attorney.  Except where otherwise prescribed by law or order of court, papers to be served upon a party in a pending action shall be served upon the party's attorney.  Where the same attorney appears for two or more parties, only one copy need be served upon the attorney.  Such service upon an attorney shall be made:

 

1. by delivering the paper to the attorney personally;  or

2. by mailing the paper to the attorney at the address designated by that attorney for that purpose or, if none is designated, at the attorney's last known address;  service by mail shall be complete upon mailing;  where a period of time prescribed by law is measured from the service of a paper and service is by mail, five days shall be added to the prescribed period if the mailing is made within the state and six days if the mailing is made from outside the state but within the geographic boundaries of the United States;  or

3. if the attorney's office is open, by leaving the paper with a person in charge, or if no person is in charge, by leaving it in a conspicuous place;  or if the attorney's office is not open, by depositing the paper, enclosed in a sealed wrapper directed to the attorney, in the attorney's office letter drop or box;  or

4. by leaving it at the attorney's residence within the state with a person of suitable age and discretion.  Service upon an attorney shall not be made at the attorney's residence unless service at the attorney's office cannot be made;  or

5. by transmitting the paper to the attorney by facsimile transmission, provided that a facsimile telephone number is designated by the attorney for that purpose.  Service by facsimile transmission shall be complete upon the receipt by the sender of a signal from the equipment of the attorney served indicating that the transmission was received, and the mailing of a copy of the paper to that attorney.  The designation of a facsimile telephone number in the address block subscribed on a paper served or filed in the course of an action or proceeding shall constitute consent to service by facsimile transmission in accordance with this subdivision.  An attorney may change or rescind a facsimile telephone number by serving a notice on the other parties;  or

6. by dispatching the paper to the attorney by overnight delivery service at the address designated by the attorney for that purpose or, if none is designated, at the attorney's last known address.  Service by overnight delivery service shall be complete upon deposit of the paper enclosed in a properly addressed wrapper into the custody of the overnight delivery service for overnight delivery, prior to the latest time designated by the overnight delivery service for overnight delivery.  Where a period of time prescribed by law is measured from the service of a paper and service is by overnight delivery, one business day shall be added to the prescribed period. “Overnight delivery service” means any delivery service which regularly accepts items for overnight delivery to any address in the state;  or

 

7. by transmitting the paper to the attorney by electronic means where and in the manner authorized by the chief administrator of the courts by rule and, unless such rule shall otherwise provide, such transmission shall be upon the party's written consent.  The subject matter heading for each paper sent by electronic means must indicate that the matter being transmitted electronically is related to a court proceeding.

[…]


1245.5. Electronic Filing and Service.

(a) All authorized e-filers who have entered information for a particular cause as set

forth in sections 1245.3(a), (c) or (d) or 1245.4(d) of this Part shall thereafter e-file and

be served electronically in that matter.


Civil Practice Law and Rule

Electronic Filing rules

North Carolina

(Preliminary research)


Rule 4. Process.

[…]

(c) Summons – Return. – Personal service or substituted personal service of summons as prescribed by Rules 4(j) and (j1) must be made within 60 days after the date of the issuance of summons. When a summons has been served upon every party named in the summons, it shall be returned immediately to the clerk who issued it, with notation thereon of its service.

(j) Process – Manner of service to exercise personal jurisdiction. – In any action commenced in a court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4, the manner of service of process within or without the State shall be as follows:

(1) Natural Person. – Except as provided in subdivision (2) below, upon a natural person by one of the following:

  1. By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.
  2. By delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to be served or to accept service of process or by serving process upon such agent or the party in a manner specified by any statute.
  3. By mailing a copy of the summons and of the complaint, registered or certified mail, return receipt requested, addressed to the party to be served, and delivering to the addressee.
  4. By depositing with a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) a copy of the summons and complaint, addressed to the party to be served, delivering to the addressee, and obtaining a delivery receipt. As used in this sub-subdivision, "delivery receipt" includes an electronic or facsimile receipt.
  5. By mailing a copy of the summons and of the complaint by signature confirmation as provided by the United States Postal Service, addressed to the party to be served, and delivering to the addressee. […]

(j6) Service by electronic mailing not authorized. – Nothing in subsection (j) of this section authorizes the use of electronic mailing for service on the party to be served.

Rule 5. Service and filing of pleadings and other papers.

(a) Service of orders, subsequent pleadings, discovery papers, written motions, written notices, and other similar papers – When required. – Every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment and similar paper shall be served upon each of the parties, but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(a1) Service of briefs or memoranda in support or opposition of certain dispositive motions. – In actions in superior court, every brief or memorandum in support of or in opposition to a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or any other motion seeking a final determination of the rights of the parties as to one or more of the claims or parties in the action shall be served upon each of the parties at least two days before the hearing on the motion. If the brief or memorandum is not served on the other parties at least two days before the hearing on the motion, the court may continue the matter for a reasonable period to allow the responding party to prepare a response, proceed with the matter without considering the untimely served brief or memorandum, or take such other action as the ends of justice require. The parties may, by consent, alter the period of time for service. For the purpose of this two-day requirement only, service shall mean personal delivery, facsimile transmission, or other means such that the party actually receives the brief within the required time.

(b) Service – How made. – A pleading setting forth a counterclaim or cross claim shall be filed with the court and a copy thereof shall be served on the party against whom it is asserted or on the party's attorney of record as provided by this subsection. With respect to all pleadings subsequent to the original complaint and other papers required or permitted to be served, service shall be made upon the party's attorney of record and, if ordered by the court, also upon the party. If the party has no attorney of record, service shall be made upon the party. With respect to such other pleadings and papers, service with due return may be made in a manner provided for service and return of process in Rule 4. Service under this subsection may also be made by one of the following methods:

(1) Upon a party's attorney of record:

a. By delivering a copy to the attorney. Delivery of a copy within this sub-subdivision means handing it to the attorney, leaving it at the attorney's office with a partner or employee, or sending it to the attorney's office by a confirmed telefacsimile transmittal for receipt by 5:00 P.M. Eastern Time on a regular business day, as evidenced by a telefacsimile receipt confirmation. If receipt of delivery by telefacsimile is after 5:00 P.M., service will be deemed to have been completed on the next business day.

b. By mailing a copy to the attorney's office.

(2) Upon a party:

a. By delivering a copy to the party. Delivery of a copy within this sub-subdivision means handing it to the party.

b. By mailing a copy to the party at the party's last known address or, if no address is known, by filing it with the clerk of court.

Service by mail shall be complete upon deposit of the pleading or paper enclosed in a post-paid, properly addressed wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service.


North Carolina Rules of Civil Procedure

North Dakota


All documents filed electronically must be serve through the e-filing system.

E-Service is allowed if the person consented in writing for documents not filed through the e-filing system.

No proof of service is required.


RULE 3.5 ELECTRONIC FILING IN DISTRICT COURTS

(a) Electronic Filing.

(1) Documents filed electronically in the district courts must be submitted through the Odyssey® electronic filing system.

(2) All documents filed after the initiating pleadings in criminal and juvenile cases must be filed electronically. All documents in civil, non-juvenile, cases must be filed electronically. A party who files a complaint in a civil case must electronically serve notice of filing on the other parties or their attorneys.

(3) Self-represented litigants and prisoners are exempt from the electronic filing requirement and may file paper documents in person, by mail, or by third party commercial carrier. Self-represented litigants and prisoners who wish to file documents by electronic means must use the Odyssey® system.

(4) On a showing of exceptional circumstances in a particular case, anyone may be granted leave of court to file paper documents. Original wills, codicils and other documents of independent legal significance may be filed as paper documents. Colored or shaded documents may be filed as paper documents if necessary to ensure legibility.

(5) A document filed electronically has the same legal effect as a paper document.

(6) Any signature on a document filed electronically is considered that of the officer of the court or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court must strike the filing.

(7) A party who electronically files a proposed order must identify the filing party in the Odyssey® filing description field.

[…]

(e) Electronic Service.

(1) All documents filed electronically after the initiating pleadings must be served electronically through the Odyssey® system except for documents served on or by self-represented litigants and prisoners. On a showing of exceptional circumstances in a particular case, anyone may be granted leave of court to serve paper documents or to be exempt from receiving electronic service. Attorneys who are required by rule or statute to serve documents on their own clients may serve paper documents. 

(2) Except as provided in N.D.R.Ct. 3.5(e)(4), electronic service of a document is not effective if the party making service learns through any means that the document did not reach the person to be served.

(3) All attorneys must provide at least one e-mail address to the State Board of Law Examiners for accepting electronic service. Designated e-mail service addresses will be posted on the North Dakota Supreme Court website.

(4) For purposes of computation of time, any document electronically served must be treated as if it were mailed on the date of transmission. If an attorney who is not exempt from electronic service fails to provide an e-mail address for service or fails to accept or open electronically served e-mail, the server's attempt at electronic service constitutes delivery. Service made impossible due to an attorney's failure to provide an e-mail address must be shown by an affidavit or certificate of attempted service.

(f) Technical Issues; Relief. On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.

 

RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER DOCUMENTS

(a) Service-When Required.

(1) In General. Other than service of a summons and complaint under Rule 4, each of the following documents must be served under this rule on every party, unless the rules provide otherwise:

(A) an order, unless the court orders otherwise;

(B) a pleading served after the original summons and complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(C) a discovery document required to be served on a party, unless the court orders otherwise;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, or offer of judgment, or any similar document; and

(F) every document filed with the clerk or submitted to the judge.

(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an answer, claim, or appearance must be made on the person who had custody or possession of the property when it was seized.

(4) Reopening Proceedings. In any proceeding to modify an order for spousal support or child support or an order on parental rights and responsibilities, service may be made on each party under Rule 5(b), unless the court orders service on a party under Rule 4.

(b) Service—How made.

(1) Service in general. A document that is required to be filed must be served electronically under the procedure specified in N.D.R.Ct. 3.5. Electronic service on an attorney must be made to the designated e-mail service address posted on the N.D. Supreme Court website. Electronic service is complete on transmission. Except as provided in N.D.R.Ct. 3.5(e)(4), electronic service is not effective if the serving party learns through any means that the document did not reach the person to be served.

(2) Persons Served.

(A) Service on a Party Represented by an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. If an attorney is providing limited representation under Rule 11(e), service must be made on the party and on the attorney for matters within the scope of the limited representation.

(B) Persons Exempt from Electronic Service. Persons who are exempt from electronic service and filing under N.D.R.Ct. 3.5must serve documents under Rule 5(b)(3).

(3) Other Service. A document that is not required to be filed, or that will be served on a person exempt from electronic service, is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, leaving it in a conspicuous place in the office; or,

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it to the person's last known address, in which event service is complete upon mailing;

(D) sending it by a third-party commercial carrier to the person's last known address, in which event service is complete upon deposit of the document to be served with the commercial carrier;

(E) if no address is known, on order of the court by leaving it with the clerk of court;

(F) sending it by electronic means if the person consented in writing, in which event service is complete on transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

(G) delivering it by any other means that the person consented to in writing.


North Dakota Rules of Civil Procedure

Ohio


E-service is allowed to the email address provided by the party.

The served document shall be accompanied by a completed proof of service that shall state the date and manner of service and be signed.


RULE 5. Service and Filing of Pleadings and Other Papers Subsequent to the Original Complaint

(A) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. Service is not required on parties in default for failure to appear except that pleadings asserting new or additional claims for relief or for additional damages against them shall be served upon them in the manner provided for service of summons in Civ. R. 4 through Civ. R. 4.6.

(B) Service: how made.
(1) Serving an attorney. If a party is represented by an attorney, service under this rule

must be made on the attorney unless the court orders service on the party.

(2) Service in general. A document is served under this rule by:

(a) handing it to the person; (b) leaving it:

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

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

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

(d) delivering it to a commercial carrier service for delivery to the person’s last known address within three calendar days, in which event service is complete upon delivery to the carrier;

(e) leaving it with the clerk of court if the person has no known address; or

(f) sending it by electronic means to a facsimile number or e-mail address provided in accordance with Civ.R. 11 by the attorney or party to be served, in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served.

(3) Using court facilities. If a local rule so authorizes, a party may use the court's transmission facilities to make service under Civ.R. 5(B)(2)(f).

(4) Proof of service. The served document shall be accompanied by a completed proof of service which shall state the date and manner of service, specifically identify the division of Civ.R. 5(B)(2) by which the service was made, and be signed in accordance with Civ.R. 11. Documents filed with the court shall not be considered until proof of service is endorsed thereon or separately filed.

(C) Service: numerous defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.

(D) Filing. Any paper after the complaint that is required to be served shall be filed with the court within three days after service. The following discovery requests and responses shall not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry on land, and requests for admission.

(E) Filing with the court defined. The filing of documents with the court, as required by these rules, shall be made by filing them with the clerk of court, except that the judge may permit the documents to be filed with the judge, in which event the judge shall note the filing date on the documents and transmit them to the clerk. A court may provide, by local rules adopted pursuant to the Rules of Superintendence, for the filing of documents by electronic means. If the court adopts such local rules, they shall include all of the following:

(1) Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the filing stricken.

(2) A provision shall specify the days and hours during which electronically transmitted documents will be received by the court, and a provision shall specify when documents received electronically will be considered to have been filed.

(3) Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees.

RULE 11. Signing of Pleadings, Motions, or Other Documents

Every pleading, motion, or other document of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, whose address, attorney registration number, telephone number, facsimile number, if any, and business e-mail address, if any, shall be stated. A party who is not represented by an attorney shall sign the pleading, motion, or other document and state the party's address. A party who is not represented by an attorney may further state a facsimile number or e-mail address for service by electronic means under Civ.R. 5(B)(2)(f). Except when otherwise specifically provided by these rules, pleadings, as defined by Civ.R. 7(A), need not be verified or accompanied by affidavit. The signature of an attorney or pro se party constitutes a certificate by the attorney or party that the attorney or party has read the document; that to the best of the attorney's or party's knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay. If a document is not signed or is signed with intent to defeat the purpose of this rule, it may be stricken as sham and false and the action may proceed as though the document had not been served. For a willful violation of this rule, an attorney or pro se party, upon motion of a party or upon the court's own motion, may be subjected to appropriate action, including an award to the opposing party of expenses and reasonable attorney fees incurred in bringing any motion under this rule. Similar action may be taken if scandalous or indecent matter is inserted.


Ohio Rules of Civil Procedure

Oklahoma

(Preliminary research)


E-service is allowed without prior consent.

The proof of service shall state the name of the person served and the date, place and method of service.


Rule 2 Proof of service

  1. The person serving the process shall state in his proof the name of the person served and the date, place and method of service.

Rule 2.1 Electronic Filing, Service, and Signature

  1. Electronic Filing.  Whenever these rules require a pleading, motion, document, or other instrument to be filed or delivered to the court clerk, such requirement may be satisfied by electronic filing as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule.  Whenever these rules reference the “Rules for Electronic Filing in the Oklahoma Courts,” such reference shall mean the “Oklahoma Rules for E-Filing in Selected Pilot Courts” (SeeSupreme Court Administrative Directive No. SCAD-2012-36, RE Rules for Electronic Filing in the Oklahoma Courts Selected as Pilot Courts, 2012 OK 61) and any subsequent versions of those rules as the Supreme Court may approve from time to time.

 

  1. Electronic Service.  Whenever these rules require a pleading, motion, document or other instrument to be served, mailed, transmitted, or issued, such requirement may be satisfied by electronic methods as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule.  As used in these rules, the term “mail” “mailing” or “mailed” shall include transmission by electronic mail, when authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule.

 

  1. Electronic Signature.  
  2. Whenever these rules require a pleading, motion, document, or other instrument to be signed, verified, certified, or otherwise authenticated, such requirement may be satisfied by electronic methods as authorized by the Rules for Electronic Filing in the Oklahoma Courts, and any other applicable statute or court rule. 

 

  1. Pleadings, motions, affidavits, waivers, or other instruments which are signed under penalty of perjury, or notarized may be filed electronically, pursuant to the Rules for Electronic Filing in the Oklahoma Courts or other applicable court rule or statute.  Waivers or other instruments which are signed and witnessed may be electronically filed in the same manner as notarized documents.  The filer shall retain the original document, or other evidence of the original signature(s), for future production.

Rules for District Courts if Oklahoma

Oregon


Email service permitted but requires consent.

E-service is allowed if the attorneys agree in writing to email service. This agreement must provide the names and e-mail addresses of all attorneys and the attorneys' designees, if any, to be served. Specific filing system required.

E-service is effective when the sender has received confirmation that the attachment has been received by the designated recipient.

Proof of service is not required.


RULE 9 Service and Filing of Pleadings and Other Papers

A Service; when required. Except as otherwise provided in these rules, every order; every pleading subsequent to the original complaint; every written motion other than one that may be heard ex parte; and every written request, notice, appearance, demand, offer to allow judgment, designation of record on appeal, and similar document shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 7.

 

B Service; how made. Whenever under these rules service is required or permitted to be made upon a party, and that party is represented by an attorney, the service shall be made upon the attorney unless otherwise ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to that attorney or party; by mailing it to the attorney's or party's last known address; by electronic service as provided in section H of this rule; or, if the party is represented by an attorney, by facsimile communication or by e-mail as provided in section F or G of this rule. Delivery of a copy within this rule means: handing it to the person to be served; or leaving it at the person's office with the person's clerk or person apparently in charge thereof; or, if there is no one in charge, leaving the copy in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving the copy at the person's dwelling house or usual place of abode with some person 14 years of age or older then residing therein. A party who has appeared without providing an appropriate address for service may be served by filing a copy of the pleading or other document with the court. Service by mail is complete upon mailing. Service of any notice or other document to bring a party into contempt may only be upon that party personally.

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G Service by e-mail. Service by e-mail is prohibited unless attorneys agree in writing to e-mail service. This agreement must provide the names and e-mail addresses of all attorneys and the attorneys' designees, if any, to be served. Any attorney who has consented to e-mail service must notify the other parties in writing of any changes to the attorney's e-mail address. Any attorney may withdraw his or her agreement at any time, upon proper notice via e-mail and any one of the other methods authorized by this rule. Subject to Rule 10 B, service is effective under this method when the sender has received confirmation that the attachment has been received by the designated recipient. Confirmation of receipt does not include an automatically generated message indicating that the recipient is out of the office or is otherwise unavailable.

H Service by electronic service. As used in these rules, “electronic service” means using an electronic filing system provided by the Oregon Judicial Department and in the manner prescribed in rules adopted by the Chief Justice of the Oregon Supreme Court. 


Oregon Rules of Civil Procedure

Pennsylvania

(Preliminary research)


E-service is allowed if the parties agreed or if an electronic mail address is included on an appearance or prior legal paper filed with the court in the action.

Proof of service is not required.


Rule 205.4. Electronic Filing and Service of Legal Papers.

[…]

(g)(1)  Copies of all legal papers other than original process filed in an action or served upon any party to an action may be served

     (i)   as provided by Rule 440 or

     (ii)   by electronic transmission, other than facsimile transmission, if the parties agree there to or an electronic mail address is included on an appearance or prior legal paper filed with the court in the action. A paper served electronically is subject to the certifications set forth in subdivision (b)(3).

   (2)  Service by electronic transmission is complete when a legal paper is sent

     (i)   to the recipient’s electronic mail address, or

     (ii)   to an electronic filing system website and an e-mail message is sent to the recipient by the electronic filing system that the legal paper has been filed and is available for review on the system’s website.

   Official Note

   Upon the electronic filing of a legal paper other than original process, the electronic filing system may automatically send notice of the filing to all parties who have agreed to service by electronic transmission or whose e-mail address is included on an appearance or prior legal paper filed in connection with the action. If the electronic filing system sends notice of such filing, the party filing the legal paper only need serve those parties who are not served by the electronic filing system.

   An electronic mail address set forth on letterhead is not a sufficient basis under this rule to permit electronic service of legal papers.

   See Rule 236(d) providing for the prothonotary to give notice of orders and judgments, and also other matters, by facsimile transmission or other electronic means.

   See Rule 440(d) governing service of legal papers other than original process by facsimile transmission.

 (h) A judicial district which implements an electronic filing system pursuant to this rule is exempt from the requirements of Rule 205.5 governing cover sheets, provided the electronic filing system has the capability of gathering and transmitting to the Administrative Office of Pennsylvania Courts all the information required by Rule 205.5(e).

Rule 440. Service of Legal Papers Other than Original Process.

 (a)  (1) Copies of all legal papers other than original process filed in an action or served upon any party to an action shall be served upon every other party to the action. Service shall be made

     (i)   by handling or mailing a copy to or leaving a copy for each party at the address of the party’s attorney of record endorsed on an appearance or prior pleading of the party, or at such other address as a party may agree, or

   Official Note

   Such other address as a party may agree might include a mailbox in the prothonotary’s office or an e-mail address. For electronic service by means other than facsimile transmission, see Rule 205.4(g).

     (ii)   by transmitting a copy by facsimile to the party’s attorney of record as provided by subdivision (d).

   (2)  (i) If there is no attorney of record, service shall be made by handing a copy to the party or by mailing a copy to or leaving a copy for the party at the address endorsed on an appearance or prior pleading or the residence or place of business of the party, or by transmitting a copy by facsimile as provided by subdivision (d).

     (ii)   If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served.

   Official Note

   This rule applies to the service upon a party of all legal papers other than original process and includes, but is not limited to, all other pleadings as well as motions, petitions, answers thereto, rules, notices, interrogatories and answers thereto.

   Original process is served under Rule 400 et seq.

 (b)  Service by mail of legal papers other than original process is complete upon mailing.

 (c)  If service of legal papers other than original process is to be made by the sheriff, he shall notify by ordinary mail the party requesting service to be made that service has or has not been made upon a named party or person.

 (d)  (1) A copy may be served by facsimile transmission if the parties agree thereto or if a telephone number for facsimile transmission is included on an appearance or prior legal paper filed with the court.

   (2)  The copy served shall begin with a facsimile cover sheet containing

     (i)   the name, firm, address, telephone number, of both the party making service and the party served,

     (ii)   the facsimile telephone number of the party making service and the facsimile telephone number to which the copy was transmitted,

     (iii)   the title of the legal paper served and

     (iv)   the number of pages transmitted.

   (3)  Service is complete when transmission is confirmed as complete.

   Official Note

   See Rule 236(d) providing for the prothonotary to give notice of orders and judgments, and also other matters, by facsimile or other electronic means.

   See Rule 205.4 governing filling and service of legal papers by electronic means other than facsimile transmission.


Silent, and if excused from ECF registration:

  1. Excuse From Registration; Format of Documents in Electronic Form (d) Service of process will continue to be made in accordance with those provisions set forth in Rule 5 of the Federal Rules of Civil Procedure.

Pennsylvania Rules of Civil Procedure

Local Rules of Civil Procedure, District Court

Rhode Island


E-service is only authorized through EFS, the Rhode Island Courts Electronic Filing System.  


Rule 5. Service and Filing of Pleadings and Other Papers

(a) Service: When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties in accordance with Rule 1(b)(1)(I) and contain the certificate of service in Rule 1(b)(1)(B). Service by or upon those who are not Registered Users shall be in accordance with subdivision (b) and contain the certificate of service in Rule 1(b)(1)(B). No service need be made on parties in default for failure to appear except that motions for assessment of damages and pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) Making Service.

(1) Whenever under these rules service is required or permitted to made upon a party represented by an attorney, the service shall be is made upon the attorney unless the court orders service on the party.

(2) For attorneys and self-represented litigants who are Registered Users, service is made electronically using the EFS.

(32) For incarcerated individuals, attorneys who are granted a waiver pursuant to Art. X, Rule 3(c) of the Rhode Island Supreme Court Rules Governing Electronic Filing, and self-represented litigants who do not elect to electronically file pursuant to Art. X, Rule 3(b), Sservice under Rule 5(a) is made by:

(A) Delivering a copy to the person served by:

(i) Handing it to the person;

(ii) Leaving it at the person's office with a clerk or other person in charge, or if no one is in charge, leaving it in a conspicuous place in the office; or

(iii) Leaving it at the person's dwelling house or usual place of abode with someone of suitable age and discretion residing there.

(B) Mailing a copy to the last known address of the person served. Service by mail is complete on mailing.

(C) Any other means ordered by the court. 12


Superior Court Rules of Civil Procedure

South Carolina

(Preliminary research)


E-service is allowed between Authorized E-Filers.


  1. E-Filing and E-Service

(1) Electronic Service of Process not Authorized. Service of process or service of any pleadings initiating cases cannot be accomplished through the E-Filing System. The E-Filing System may not be used for service of process of a summons and complaint, subpoena, or any other pleading or document required to be personally served under Rule 4, SCRCP.

(2) Automatic Service of Other Papers on Authorized E-Filers by the E-Filing System. Except as provided in sub-paragraphs (A) and (B) below, upon the E-Filing of any pleading, motion, or other paper subsequent to the summons and complaint or other filing initiating a case, the E-Filing System will automatically generate and transmit an NEF to all Authorized E-Filers associated with that case. Where the parties are proceeding in the E-Filing System and a pleading, motion, or other paper must be filed, made, or served under the SCRCP, the E-Filing of that pleading, motion, or other paper, together with the transmission of an NEF, constitutes proper service under Rule 5, SCRCP, as to all other parties who are E-Filers in that case. It is the responsibility of an E-Filer to review the content of the E-Filed document in the E-Filing System to determine its force and effect.

(A) No NEF will be created at case initiation; however, the E-Filing System will transmit confirmations of receipt and acceptance of the filing.

(B) NEFs are only transmitted via email to Authorized E-Filers who are counsel of record. E-Filers should follow the instructions in the E-Filer User Guide and other training materials for entering an electronic notice of appearance when making an initial responsive filing in a case that was initiated via the E-Filing System and for accessing NEFs in the E-Filing System.

(3) Service Complete Upon E-Filing. Service of a pleading, motion, or other paper by NEF subsequent to the summons and complaint or other filing initiating a case is complete at the time of the submission of the pleading, motion, or other paper for E-Filing, provided an NEF is transmitted by the E-Filing System in accordance with paragraph (e)(2) of this Section. The act of E-Filing the pleading, motion or other paper is the equivalent of depositing it in the United States Mail under Rule 5(b)(1), SCRCP. The NEF constitutes proof of service under Rule 5(b), SCRCP, and the date of service shall be the date stated in the NEF as the "Official File Stamp." Where notice of the filing of a pleading, motion, or other paper is served by an NEF, the E-Filer need not file proof of service, but the E-Filer must retain a copy of the NEF as proof of service.

(4) Time to Respond Following Electronic Service. Computation of the time for a response after service by NEF is governed by Rule 6, SCRCP. In accordance with Rule 6(e), SCRCP, service by electronic means via an NEF is treated the same as service by U.S. Mail for purposes of determining the time to respond; therefore, five days shall be added to the prescribed period to respond from the date set forth in the Official File Stamp on the NEF.


South Carolina Rules of Civil Procedure

South Dakota


E-service is allowed between attorneys if they agreed in writing to accept service by email.

No proof of service is allowed.


15-6-5--SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS.

15-6-5(i).   Service of discovery requests by electronic mail or computer diskette--Costs. Any party or attorney serving discovery requests pursuant to § 15-6-31, § 15-6-33, § 15-6-34 or § 15-6-36 shall also, upon receipt of a written request, serve those items on the opposing party or attorney by electronic mail or computer diskette. Failure to comply with such a request shall not make service invalid or extend the time to file a response, but the court shall order payment of the actual costs of reproducing the item and may award such other terms as it deems proper under § 15-6-37 unless good cause for failure to comply with the request is shown.

15-6-5(j).   Service by electronic mail (email) to parties represented by attorney.Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, such service may be made by email transmission pursuant to the following conditions:

             (1)      The attorney upon whom service is made has the necessary equipment to receive such transmission;

             (2)      Prior to the service, the attorney upon whom service is made has agreed in writing to accept service by email, or has served the serving party in the same case by email;

             (3)      The time and manner of transmission comply with the requirements of § 15-6-6(a), unless otherwise established by the court; and

             (4)      The sending attorney by facsimile or mail sends a certificate of service specifying the items electronically served.

     The signature or electronic signature on the email shall constitute a signature under § 15-6-11(a). If within two days after the certificate of service is received, the attorney upon whom service is made attests in writing that he or she did not receive the electronic mail submission, then service shall not have been deemed to have been made.

15-6-6--TIME.

15-6-6(a).   Computation of time. In computing any period of time prescribed or allowed by this chapter, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes those holidays listed in § 1-5-1.

     Service by facsimile and electronic mail transmission must be completed by 5:00 p.m., receiver's time, on a weekday, which is not a legal holiday, or service shall be deemed to be made on the following weekday, which is not a legal holiday.

 

15-6-11--SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS--REPRESENTATIONS TO COURT--SANCTIONS. 

15-6-11(a).   Signature. Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

 

CHAPTER 15-24 SUPREME COURT PROCEDURE IN GENERAL

 

15-24-1.   Circuit court procedure applicable except as otherwise provided. Except as otherwise indicated by statute or rule, the statutes and rules of practice and procedure in the circuit courts of this state shall apply to practice and procedure in the Supreme Court.

 

CHAPTER 15-26C SUPREME COURT ELECTRONIC FILING RULES

15-26C-4.   Electronic service. (1) After January 1, 2014, any attorney not exempt from electronic filing or a party filing electronically must designate an email address for accepting electronic service and for receiving electronic service with the supreme court clerk. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.

     (2) If a party files a document by electronic means, the party must serve the document by electronic means unless the recipient of service has not designated an email address for receiving electronic service.

     (3) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.

     (4) If a recipient cannot accept electronic service of a document, service under another means specified by § 15-6-5 (b) is required.

     (5) Any party effectuating service electronically must include a certificate of service specifying the items electronically served.

     (6) Documents served electronically may be in portable document format (.pdf), with the exception of those documents to be filed with the Supreme Court in approved word processing format as previously specified herein.

     (7) The Supreme Court may electronically file and serve on registered attorneys and parties any decisions, orders, notices, remittiturs or other documents prepared by the court in such cases provided the attorney or party to be served has designated an email address for receiving electronic service.


South Dakota Civil Procedure

Tennessee


E-Service is allowed between attorneys. The document shall be in PDF format.

Proof of service shall be made with a certificate that shall state the caption of the action; the trial court file number; the title of the transmitted document; the number of pages of the transmitted document (including all exhibits thereto); the sender's name, address, telephone number and electronic mail address; the electronic mail address of each recipient; and the date and time of the transmission. The certificate shall also include words to this effect: "If you did not receive this document, please contact the sender immediately to receive an electronic or physical copy of this document." The certificate shall be sent to all counsel of record.

No service is required for e-filed documents since the service is automatic by the E-Filing service.


RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

RULE 5.02: SERVICE — HOW MADE.

Whenever under these rules service is required or permitted to be made on a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service shall be made pursuant to the methods set forth in (1) or (2).  If an attorney has filed a notice of limited scope representation or a notice of limited appearance for an otherwise self-represented person, pursuant to Rule 11.01(b), service shall be made on the self-represented person and on the attorney until such time as a notice of  completion of limited scope representation has been filed. After notice of completion of limited scope representation has been filed, service upon the attorney previously providing limited scope representation shall no longer be necessary.

(1) Service upon the attorney or upon a party shall be made by delivering to him or her a copy of the document to be served, or by mailing it to such person's last known address, or if no address is known, by leaving the copy with the clerk of the court. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at such person's office with a clerk or other person in charge thereof; or, if there is none in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service by mail is complete upon mailing. Items which may be filed by facsimile transmission pursuant to Rule 5A may be served by facsimile transmission.

(2) (a) Service upon any attorney may also be made by sending him or her the document in Adobe PDF format to the attorney's email address, which shall be promptly furnished on request. The sender shall include language in the subject line designed to alert the recipient that a document is being served under this rule. On the date that a document served under this rule is electronically sent to an attorney, the sender shall send by mail, facsimile or hand-delivery a certificate that advises that a document has been transmitted electronically. The certificate shall state the caption of the action; the trial court file number; the title of the transmitted document; the number of pages of the transmitted document (including all exhibits thereto); the sender's name, address, telephone number and electronic mail address; the electronic mail address of each recipient; and the date and time of the transmission. The certificate shall also include words to this effect: "If you did not receive this document, please contact the sender immediately to receive an electronic or physical copy of this document." The certificate shall be sent to all counsel of record.

(b) An attorney who sends a document to another attorney electronically and who is notified that it was not received must promptly furnish a copy of the document to the attorney who did not receive it.

(c) A document transmitted electronically shall be treated as a document that was mailed for purposes of computation of time under Rule 6.

(d) For good cause shown, an attorney may obtain a court order prohibiting service of documents on that attorney by electronic mail and requiring that all documents be served under subsection (1).


Tennessee Rules of Civil Procedure

Texas


(a) If the document is filed electronically and if the email address of the party to be served is on file, e-service is allowed through the electronic filing manager

(b) If the document is not filed electronically, e-service is allowed. Consent is not required.
Proof of service is required. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument.


RULE 21a. METHODS OF SERVICE

(a)  Methods of Service. Every notice required by these rules, and every pleading, plea, motion, or other form of request required to be served under Rule 21, other than the citation to be served upon the filing of a cause of action and except as otherwise expressly provided in these rules, may be served by delivering a copy to the party to be served, or the party's duly authorized agent or attorney of record in the manner specified below:

(1)  Documents Filed Electronically. A document filed electronically under Rule 21 must be served electronically through the electronic filing manager if the email address of the party or attorney to be served is on file with the electronic filing manager. If the email address of the party or attorney to be served is not on file with the electronic filing manager, the document may be served on that party or attorney under subparagraph (2).

(2)  Documents Not Filed Electronically. A document not filed electronically may be served in person, by mail, by commercial delivery service, by fax, by email, or by such other manner as the court in its discretion may direct.

(b)  When Complete.

(1)  Service by mail or commercial delivery service shall be complete upon deposit of the document, postpaid and properly addressed, in the mail or with a commercial delivery service.

(2)  Service by fax is complete on receipt. Service completed after 5:00 p.m. local time of the recipient shall be deemed served on the following day.

(3)  Electronic service is complete on transmission of the document to the serving party's electronic filing service provider. The electronic filing manager will send confirmation of service to the serving party.

(c)  Time for Action After Service. Whenever a party has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period.

(d)  Who May Serve. Notice may be served by a party to the suit, an attorney of record, a sheriff or constable, or by any other person competent to testify.

(e)  Proof of Service. The party or attorney of record shall certify to the court compliance with this rule in writing over signature and on the filed instrument. A certificate by a party or an attorney of record, or the return of the officer or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the document was not received, or, if service was by mail, that the document was not received within three days from the date that it was deposited in the mail, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.

(f)  Procedures Cumulative. These provisions are cumulative of all other methods of service prescribed by these rules.


Texas Rules of Civil Procedure

Utah

(Preliminary research)


E-service is allowed between attorneys if the person has agreed to accept service by email or has an electronic filing account.

Proof of service shall be made with a certificate of service that must include the name of the document served, the date and manner of service and on whom it was served.


Rule 5. Service and filing of pleadings and other papers.

(a) When service is required.

(a)(1) Papers that must be served. Except as otherwise provided in these rules or as otherwise directed by the court, the following papers must be served on every party:

(a)(1)(A) a judgment;

(a)(1)(B) an order that states it must be served;

(a)(1)(C) a pleading after the original complaint;

(a)(1)(D) a paper relating to disclosure or discovery;

(a)(1)(E) a paper filed with the court other than a motion that may be heard ex parte; and

(a)(1)(F) a written notice, appearance, demand, offer of judgment, or similar paper.

(a)(2) Serving parties in default. No service is required on a party who is in default except that:

(a)(2)(A) a party in default must be served as ordered by the court;

(a)(2)(B) a party in default for any reason other than for failure to appear must be served as provided in paragraph (a)(1);

(a)(2)(C) a party in default for any reason must be served with notice of any hearing to determine the amount of damages to be entered against the defaulting party;

(a)(2)(D) a party in default for any reason must be served with notice of entry of judgment under Rule 58A(d); and

(a)(2)(E) a party in default for any reason must be served under Rule 4 with pleadings asserting new or additional claims for relief against the party.

(a)(3) Service in actions begun by seizing property. If an action is begun by seizing property and no person is or need be named as defendant, any service required before the filing of an answer, claim or appearance must be made upon the person who had custody or possession of the property when it was seized.

(b) How service is made.

(b)(1) Whom to serve. If a party is represented by an attorney, a paper served under this rule must be served upon the attorney unless the court orders service upon the party. Service must be made upon the attorney and the party if

(b)(1)(A) an attorney has filed a Notice of Limited Appearance under Rule 75 and the papers being served relate to a matter within the scope of the Notice; or

(b)(1)(B) a final judgment has been entered in the action and more than 90 days has elapsed from the date a paper was last served on the attorney.

(b)(2) When to serve. If a hearing is scheduled 7 days or less from the date of service, a party must serve a paper related to the hearing by the method most likely to be promptly received. Otherwise, a paper that is filed with the court must be served before or on the same day that it is filed.

(b)(3) Methods of service. A paper is served under this rule by:

(b)(3)(A) except in the juvenile court, submitting it for electronic filing if the person being served has an electronic filing account;

(b)(3)(B) emailing it to the email address provided by the person or to the email address on file with the Utah State Bar, if the person has agreed to accept service by email or has an electronic filing account;

(b)(3)(C) mailing it to the person’s last known address;

(b)(3)(D) handing it to the person;

(b)(3)(E) leaving it at the person’s office with a person in charge or, if no one is in charge, leaving it in a receptacle intended for receiving deliveries or in a conspicuous place;

(b)(3)(F) leaving it at the person’s dwelling house or usual place of abode with a person of suitable age and discretion who resides there; or

(b)(3)(G) any other method agreed to in writing by the parties.

(b)(4) When service is effective. Service by mail or electronic means is complete upon sending. 

(b)(5) Who serves. Unless otherwise directed by the court:

(b)(5)(A) every paper required to be served must be served by the party preparing it; and

(b)(5)(B) an order or judgment prepared by the court will be served by the court.

(c) Serving numerous defendants. If an action involves an unusually large number of defendants, the court, upon motion or its own initiative, may order that:

(c)(1) a defendant’s pleadings and replies to them do not need to be served on the other defendants; 

(c)(2) any cross-claim, counterclaim avoidance or affirmative defense in a defendant’s pleadings and replies to them are deemed denied or avoided by all other parties; 

(c)(3) filing a defendant’s pleadings and serving them on the plaintiff constitutes notice of them to all other parties; and

(c)(4) a copy of the order must be served upon the parties.

(d) Certificate of service. A paper required by this rule to be served, including electronically filed papers, must include a signed certificate of service showing the name of the document served, the date and manner of service and on whom it was served.


Utah Rules of Civil Procedure

Vermont


E-service is allowed between attorneys if they agreed in a writing filed with the court.

No proof of service required.


Rule 5. Service and Filing of Pleadings and Other Papers

(4) Sending by Electronic Means.

(A) Documents must be sent by electronic means if required by the Vermont Rules for Electronic Filing

(B) Documents may be sent by electronic means when not required by the Vermont Rules for Electronic Filing if the sending and receiving parties agree to electronic transmission in a writing filed with the court that specifies the type of electronic transmission to be used.

(C) The sender of any document by electronic means under this rule must follow any applicable standards regarding electronic transmission of confidential documents.

(D) Any e-mail address or addresses used under subparagraph (A) or (B) must match those that the attorney or party has registered under the judiciary's electronic filing system, and the registration information must be provided in all pleadings and other papers served or filed by the attorney or party.

     (E) All attorneys and parties must immediately notify other attorneys and parties of any e-mail address change during the pendency of the action or proceeding.


(a) Except as provided in (b), (c), and (d), and other provisions of these rules, all parties, and others required or permitted to file, in all actions and proceedings, including appeals from the probate courts and any state or municipal governmental agency, entered in the Superior Court, Civil or Environmental Division, on or after the filing dates provided by Rule 1(a), must electronically file all documents required or permitted by the applicable rules of procedure to be filed in court. All documents generated by the court, and by masters, receivers, guardians ad litem, and neutrals required to file a report, under the applicable rules of procedure in all actions and proceedings entered in the Superior Court, Civil or Environmental Division, on or after the required filing dates provided by Rule 1(a) will be filed electronically, or scanned by court staff.

(b) A document may be filed by nonelectronic means when

  (1) the filer is self-represented, except that if the filer has elected to file all required or permitted documents and information by electronic means, the filer must thereafter file all documents electronically except as provided in (2)-(5) or if required to file nonelectronically under (c);

  (2) nonelectronic filing of a particular document or information is permitted by the court to protect confidentiality or for other good cause;

  (3) a filer in a particular case is excused from electronic filing in that case by the court when exceptional circumstances make electronic filing unfeasible;

  (4) nonelectronic filing is expressly permitted by these rules or an applicable rule of procedure;

  (5) a document cannot reasonably be scanned and filed electronically because of its size, shape, or condition; or

  (6) it is filed in a case commenced in the Civil Division on or before January 25, 2011, or in the Environmental Division before January 4, 2016, in which documents were filed by nonelectronic means, unless the court orders that documents filed after those dates in such a case be filed electronically.

(c) A document must be filed by nonelectronic means when

  (1) nonelectronic filing is expressly required by these rules or an applicable rule of procedure; or

  (2) the court orders a filer to file by nonelectronic means upon a finding that the filer has abused the system by repeated filing of irrelevant, abusive, or duplicative documents or information.

(d) A document may be filed directly with the court by electronic means other than electronic filing through the court's internet-based e-filing portal system when circumstances beyond the filer's control prevent the timely filing of the document through the court's system.


Vermont Court Procedure

Vermont Rules for electronic filing

Virginia


E-service is allowed between attorneys if they consented to in writing and if there is no Electronic Court Filing System.

When there is an Electronic Court Filing System, service through electronic service is required.

Proof of service is made with an acceptance of service or a certificate of counsel that electronic copies were served as this Rule requires, showing the date of delivery, shall electronically accompany the served papers.


Rule 1:12. Service of Papers after the Initial Process.

All pleadings, motions and other papers not required to be served otherwise and requests for subpoenas duces tecum shall be served by delivering, dispatching by commercial delivery service, transmitting by facsimile, delivering by electronic mail when Rule 1:17 so provides or when consented to in writing signed by the person to be served, or by mailing, a copy to each counsel of record on or before the day of filing.

Subject to the provisions of Rule 1:17, service pursuant to this Rule shall be effective upon such delivery, dispatch, transmission or mailing, except that papers served by facsimile transmission completed after 5:00 p.m. shall be deemed served on the next day that is not a Saturday, Sunday, or legal holiday. Service by electronic mail under this Rule is not effective if the party making service learns that the attempted service did not reach the person to be served.

At the foot of such pleadings and requests shall be appended either acceptance of service or a certificate of counsel that copies were served as this Rule requires, showing the date of delivery and method of service, dispatching, transmitting, or mailing. When service is made by electronic mail, a certificate of counsel that the document was served by electronic mail shall be served by mail or transmitted by facsimile to each counsel of record on or before the day of service.

Rule 1:17. Electronic Filing and Service.

(d) Electronic Service and Filing Practice and Procedures.

(1) In an Electronically Filed Case, all pleadings, motions, notices and other material filed with the court shall be in the form of Electronic Documents except where otherwise expressly provided by statute or the Rules of Court, or where the court orders otherwise in an individual case for good cause shown.

[…]

(e) Application of, and Compliance with, Other Rules. In an Electronically Filed Case:

(1) Unless otherwise agreed by all parties, or ordered by the court in an individual case for good cause shown, all documents required to be served – after the initial service of process shall be served by electronic transmission. Such service shall be effective as provided in Rule 1:12 .

(2) Annotation by the clerk as provided in Rule 1:4(h) is not required to be made physically upon the face of the pleading and – if it is made by a separate document – it shall specify the pleading to which such annotation pertains.

(3) An e-mail address of the counsel of record shall be included in the electronic documents filed as required by Rule 1:4(l).

(4) The approved electronic identification accompanying the document when filed shall constitute that person's signature on the document for purposes of Rule 1:5 and Virginia Code § 8.01-271.1.

(5) The provisions of Article 4.1 (§§ 17.1-258.2 et seq.) of Chapter 2 of Title 17.1 of the Code of Virginia shall be applicable where a document is to be notarized, sworn, attested, verified, or otherwise certified, or if any sworn signatures, stamps, seals or other authentications relating to the document are required by any statute or Rule, and an electronic or digitally imaged document with such accompanying entries shall be filed in the clerk's office. Electronic notarization in compliance with the Virginia Notary Act (§§ 47.1-1 et seq.) may also be employed with the filing.

(6) An acceptance of service or a certificate of counsel that electronic copies were served as this Rule requires, showing the date of delivery, shall electronically accompany the served papers and shall satisfy Rule 1:12.

(7) In compliance with Rule 1:13, drafts of orders, decrees and notices shall be served on each counsel of record. Such service may be by electronic transmission and shall make provision for electronic endorsement by multiple parties where applicable. Objections or other notations by the parties shall be entered upon the drafts so circulated, or appended to such drafts by specific cross- reference or other unambiguous association. Endorsed drafts shall be submitted electronically whenever possible, and shall be accompanied by proof of service or acceptance of service when required by the rules of court. If there is no practical means of submitting an electronic or digitally imaged endorsed draft, the manually endorsed document shall be filed in the clerk's office. The clerk shall accommodate the imaging of the document into electronic form and shall retain the original endorsed document.


Rules of Supreme Court of Virginia

Washington

(Preliminary research)


E-service is allowed between attorneys if the parties consented in writing.

No proof of service is required.


Rule 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS       

(a)  Service--When Required. Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in rule 4.

In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim, or appearance shall be made upon the person having custody or

(b)  Service--How Made.

(1)  On Attorney or Party. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney the service shall be made upon the attorney unless service directly upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the party or the party's attorney or by mailing it to the party's or the attorney's at his last known address or, if no address is known, filing with the clerk of the court an affidavit of attempt to serve. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the party's or the attorney's office with a clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein. Service on an attorney is subject to the restrictions in subsections (b)(4) and (5) of this rule and in rule 71, Withdrawal by Attorneys.

[…]

(7)  Service by Other Means. Service under this rule may be made by delivering a copy by any other means, including facsimile or electronic means, consented to in writing by the person served or as authorized under local court rule. Service by facsimile or electronic means is complete on transmission when made prior to 5:00 p.m. on a judicial day.  Service made on a Saturday, Sunday, holiday, or after 5:00 p.m. on any other day shall be deemed complete at 9:00 a.m. on the first judicial day thereafter. Service by other consented means is complete when the person making service delivers the copy to the agency designated to make delivery.  Service under this subsection is not effective if the party making service learns that the attempted service did not reach the person to be served.


Washington State Court Rules: Superior Court Civil Rules

West Virginia

(Preliminary research)


E-service is allowed between attorneys registered with E-Filing services.


Rule 5. Service and filing of pleadings and other papers

(a) Service: when required. — Except as otherwise provided in these rules, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every paper relating to discovery required to be served upon a party unless the court otherwise orders, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties. For purposes of this rule, guardians ad litem are considered parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule 4.

(b) Same: how made. — Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivering a copy to the attorney or party; or by mailing it to the attorney or party at the attorney’s or party’s last-known address, or, if no address is known, by leaving it with the clerk of the court; or by facsimile transmission to the attorney or party pursuant to the West Virginia Supreme Court of Appeals Rules for Filing and Service by Facsimile Transmission (see Editor’s Note). Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at the attorney’s or party’s office with a clerk or other person in charge thereof; or, if the office is closed or the person to be served has no office, leaving it at the person’s dwelling house or usual place of abode with some member of the person’s family above the age of 16 years. Service by mail is complete upon mailing.

[…]

(e) Filing with the court defined. — The filing of papers with the court as required by these rules shall be made by filing them with the clerk of the court, who shall note thereon the filing date, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk; the notation by the clerk or the judge of the filing date on any such paper constitutes the filing of such paper, and such paper then becomes a part of the record in the action without any order of the court. Filing by facsimile is permitted pursuant to the West Virginia Supreme Court of Appeals Rules for Filing and Service by Facsimile Transmission. Electronic filing and service is permitted in limited circumstances pursuant to Trial Court Rule 15 .


Rule 15. Electronic Filing and Service

[…]

Rule 15.02. General Provisions

(a) The electronic filing and service of documents and the electronic receipt of associated case information in the circuit courts of West Virginia may be referred to as e-filing and service.

(b) E-filing and service shall not be used to initiate a civil action or to serve a new party with an amended complaint or a third-party complaint.

(c) If the Panel determines it is appropriate for Mass Litigation or proceedings therein to be subject to e-filing and service, the Panel Chair shall enter an order designating such Mass Litigation or proceedings therein for e-filing and service.

(d) Where requirements of the Rules of Civil Procedure are satisfied by e-filing and service procedures, Trial Court Rule 15 shall specifically so state. All filings, whether electronic or paper, shall otherwise comply with the Rules of Civil Procedure and the Trial Court Rules.

(e) The process for e-filing and service shall utilize an e-filing and service provider designated by the Supreme Court of Appeals.

[…]

Rule 15.04. Filing and Service

(a) Except where otherwise provided, every e-filed document shall be e-served. Unless otherwise ordered, the e-service of a document, in accordance with these rules, shall be considered service under Rule 5 of the Rules of Civil Procedure. Electronic service shall be treated the same as service by mail for purposes of Rule 6(e) of the Rules of Civil Procedure.

(b) Parties who are granted a waiver under Trial Court Rule 15.06 shall be served in accordance with Rule 5 of the Rules of Civil Procedure, or by utilizing the U.S. Mail feature of the e-filing and service system.

(c) The Presiding Judge may direct the parties to provide a courtesy copy of filings to the Presiding Judge in accordance with Trial Court Rule 6.03, either by U.S. Mail or by utilizing the Courtesy Copy via U.S. Mail feature of the e-filing and service system.

(d) For documents that have been e-filed, the electronic version of the document constitutes the official court record, and e-filed documents have the same force and effect as documents filed by traditional means. Documents filed and served in accordance with these rules are deemed to be in compliance with Trial Court Rule 10.01.

[…]

Rule 15.09. Registration and Fees

The e-filing and service system requires parties to be registered participants to file and serve, receive service, access the register of actions, and use the system. Each participant shall register with the e-filing and service provider, provide the information necessary to load a case and its parties into the e-filing and service system and pay the fees billed by the e-filing and service provider at rates approved by the Supreme Court of Appeals.


West Virginia Rules of Civil Procedure

Trial Court Rules

Wisconsin


E-service is allowed between attorneys through the electronic filing system.

No proof of service is required.


801.18 Electronic filing.

[…]

(5) COMMENCEMENT OF ACTION. (a) A user seeking to initiate an action shall first register with the electronic filing system as provided in sub. (3). The user shall then file an initiating docu- ment in the county where the action is to be commenced and pro- vide the additional information requested by the electronic filing system to open a case.

(b) If a filing fee is required, the clerk of court may reject the document unless it has been submitted as provided in sub. (7) (b). At the written or oral request of the filer, the clerk of court may reject the document for filings made in error, if the request is made before the clerk of court has accepted the document.

(c) If the clerk of court accepts an initiating document for fil- ing, the clerk of court shall assign a case number and authenticate the document as provided in sub. (10). The case shall then be available through the electronic filing system. If the clerk of court rejects an initiating document, the filer shall be notified of the rejection.

(d) Initiating documents shall be served by traditional methods unless the responding party has consented in writing to accept electronic service or service by some other method. Initiating documents shall be served together with a notice to the responding party stating that the case has been electronically filed and with instructions for how to use the electronic filing system.

(e) A mandatory user who represents a responding party shall register to use the electronic filing system as provided by this sec- tion. After registering to use the electronic filing system, the user shall also register as a user on the particular case. The electronic filing system will note the new user on the case.

(6) FILING AND SERVICE OF SUBSEQUENT DOCUMENTS. (a) The electronic filing system shall generate a notice of activity to the other users in the case when documents other than initiating documents are filed. Users shall access filed documents through the electronic filing system. For documents that do not require personal service, the notice of activity is valid and effective service on the other users and shall have the same effect as traditional ser- vice of a paper document, except as provided in par. (b).

(b) If a document other than an initiating document requires personal service, it shall be served by traditional methods unless the responding party has consented in writing to accept electronic service or service by some other method.


Rules of Civil Procedure

Wyoming


E-service is allowed if the person consented in wrinting.

Proof of service is made with a certificate indicating that the document was provided by email and a copy of the transmission.  

However, service is automatically made by the electronic filing system.


Rule 5. Serving and filing pleadings and other papers.

(a) Service: When required.
(1) In General. — Unless these rules provide otherwise, each of the following

papers must be served on every party:
(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court orders

otherwise under Rule 5(c) because there are numerous defendants;
(C) a discovery paper required to be served on a party, unless the court

orders otherwise;
(D) a written motion, except one that may be heard ex parte; and
(E) a written notice, appearance, demand, or offer of judgment, or any

similar paper.
(2) If a Party Fails to Appear. — No service is required on a party who is in

default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(3) Seizing Property. — If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

(b) Service: How made.
(1) ServinganAttorney.—Ifapartyisrepresentedbyanattorney,serviceunder

this rule must be made on the attorney unless the court orders service on the party. (2) Service in General. — A paper is served under this rule by:

Rule 5

WYOMING COURT RULES 16

(A) handing it to the person; (B) leaving it:

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

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(C) mailing it to the person’s last known address-in which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means if the person consented in writing-in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

(F) delivering it by any other means that the person consented to in writing-in which event service is complete when the person making service delivers it to the agency designated to make delivery.


Wyoming Court Rules

Alberta


E-service is allowed if an email adress was specifically provided by the party. No prior consent is required.

Proof of service must be made with an affidavit of service where a confirmation of the successful transmission of electronic documents is attached.


11.21

(1) A document, other than a commencement document, may be served by electronic method on a person who has specifically provided an address to which information or data in respect of an action may be transmitted, if the document is sent to the person at the specified address, and

(a) the electronic agent receiving the document at that address receives the document in a form that is usable for subsequent reference, and

(b) the sending electronic agent obtains or receives a confirmation that the transmission to the address of the person to be served was successfully completed.

(2) Service is effected under subrule (1) when the sending electronic agent obtains or receives confirmation of the successfully completed transmission.

(3) In this rule, “electronic” and “electronic agent” have the same meanings as they have in the Electronic Transactions Act.


Alberta Rules of Court, Alta Reg 124/2010

British Columbia


E-service is allowed if an email address is provided as one of the person’s addresses for service. No prior consent is required.

Proof of service must be made with an affidavit of service (Form 16).


4-2

(2) Unless the court otherwise orders, ordinary service of a document is to be effected in any of the following ways on a person who has provided an address for service in the proceeding:

[…]

(d) if an e-mail address is provided as one of the person's addresses for service, by e-mailing the document to that e-mail address.

[…]

(6) A document transmitted for service by fax or e-mail under this rule is deemed to be served as follows:

(a) if the document is transmitted before 4 p.m. on a day that is not a Saturday or holiday, the document is deemed to be served on the day of transmission;

(b) if the document is transmitted on a Saturday or holiday or after 4 p.m. on any other day, the document is deemed to be served on the next day that is not a Saturday or holiday.


Supreme Court Civil Rules, BC Reg 168/2009

Manitoba


E-service of a document is authorized on the lawyer of record of a party if the lawyer being served provides the sender an acceptance of service via email that includes the date of acceptance. No prior consent is required.

Proof of service must be made with an affidavit of service (Form 16B).


16.05

(1)    Service of a document on the lawyer of record of a party may be made by,

[…]

(e) attaching a copy of the document to an e-mail message sent to the lawyer's e-mail address in accordance with subrule (6), but service under this clause is effective only if the lawyer being served provides by e-mail to the sender an acceptance of service and the date of the acceptance, and where e-mail acceptance is received between 5 p.m. and midnight, it shall be deemed to have been made on the following day.

16.05

(6)    The e-mail message to which a document served under clause (1)(e) is attached shall include

(a) the sender's name, address, telephone number and e-mail address;

(b) the date and time of transmission; and

(c) the name and telephone number of a person to contact in the event of transmission problems.


Court of Queen’s Bench Rules, Man Reg 553/88R

New Brunswick


E-service of documents is authorized on a solicitor if the solicitor being served provided the sender an acceptance of service via email that includes the date of acceptance. No prior consent is required.

Proof of service must be made with an affidavit of service (Form 18B).


18.03 Other Ways to Effect Personal Service […]

(2) A party who is represented by a solicitor may be served by leaving a copy of the document with his solicitor if the solicitor endorses on a copy his acceptance of service and the date of his acceptance. By so doing, the solicitor shall be deemed to represent to the court that he has the authority of his client to accept service.

18.07.1    Service by Electronic Mail                            

(1) Where service of a document on a solicitor is authorized under Rule 18.03(2) or where service of a document on the solicitor of record is authorized or required by these rules, the document may also be served by attaching a copy of the document to an e-mail message sent to the solicitor’s e-mail address in accordance with paragraph (2). Service under this paragraph is effective only if the solicitor being served provides by e-mail to the sender an acceptance of service and the date of the acceptance, and where the e-mail acceptance is received between 4 p.m. and midnight, service shall be deemed have been made on the following day.

(2) The e-mail message to which a document served under paragraph (1) is attached shall include:

(a) the sender’s name, address, telephone number, fax number and e-mail address;

(b) the date and time of transmission;

(c) the name and telephone number of a person to contact in the event of transmission problems.


Rules of Court, NB Reg 82-73

Newfoundland and Labrador


E-service of documents is permitted if the Court orders service by e-mail.

Proof of service must be made with an affidavit of service (Form 6.14A) unless there is a written acceptance of service by a party’s solicitor or agent.


General provisions

6.01.

(1) An originating document shall be served personally on each defendant as provided in rule 6.02 or by an alternative to personal service as provided in rule 6.03, except on an ex parte application or where a rule otherwise provides.

(2)  Documents that are not originating documents do not have to be served personally or by an alternative to personal service unless expressly required by a statute or rule or a Court order.

(3)  An originating document does not have to be served personally or by an alternative to personal service where the defendant unconditionally files a defence or unconditionally appears on the application.

(4)  A document that does not have to be served personally or by an alternative to personal service may be served as provided in rule 6.11 or 6.12.

 

Service of non-originating documents

6.11.

(1) Service on any person of a document, not being a document required by these rules to be served personally or by an alternative to personal service, may be made

(a)  by leaving the document or a copy at the person's address;

(b)  by mailing the document or a copy addressed to the person at the person's proper address; 

(c)  in accordance with Rule 6A; or

(d)  in such other manner as the Court may order.

[…]


Rules of the Supreme Court, 1986,
c42 Sch D

Northwest Territories


E-service is allowed if the party inserts in its pleading a notice consenting to electronic service and providing an e-mail address.

Proof of service must be made with an affidavit of service.


28.1.

(1) Notwithstanding anything in these rules  respecting service,

(a) a party may apply to the Court  for directions respecting service electronic means; and     

(b) the parties to a proceeding may agree upon methods of service by  means.

(2) A party may give notice to all other parties of its willingness to accept service of documents by electronic means by inserting in that party’s pleading a notice consenting to electronic service and providing the e-mail address where such service can be effected.

(3) A document served electronically is to be served on the date that the document was transmitted.

(4) A consent to electronic service does not preclude a party from offering proof that                    

(a) an electronic transmission was not received by that party; and                            

(b) the lack of reception was not due to any fault or delay on the part of that party

(5) This rule does not apply to originating documents unless the party being served agrees otherwise.


Rules of the Supreme Court of the Northwest Territories, NWT Reg 010-96

Nova Scotia


E-service of document is allowed if the transfer via this method is regularly used by the parties to deliver communications and provided the parties did not, in writing, require that another method be used.

Proof of service must be made with an affidavit of delivery.


31.16

(1) A party entitled to further notice must do everything that is reasonable to allow for quick and economical delivery of documents to the party, including:

[…]

(2) A document may be delivered to a designated address by mail, hand, or, if both of the following apply, by electronic transfer, such as e-mail or fax:

(a) the transfer is by a method regularly used for delivering communications at the designated address;

(b) the receiving party does not, in writing, require that another method be used.

(3) A document delivered by mail to a designated address is taken to be received by the party three days after the date of mailing.

(4) A document delivered to a designated address by hand, fax, or e-mail is taken to be received immediately by the party.

(5) A judge may order that a party who fails to maintain a designated address is disentitled to further notice and grant judgment against the party, unless an injustice would result.


Nova Scotia Civil Procedure Rules, Royal Gaz Nov 19, 2008

Nunavut


E-service is allowed if the party inserts in its pleading a notice consenting to electronic service and provided an e-mail address.

Proof of service must be made with an affidavit of service.


28.1.

(1) Notwithstanding anything in these rules  respecting service,

(a) a party may apply to the Court  for directions respecting service electronic means; and     

(b) the parties to a proceeding may agree upon methods of service by  means.

(2) A party may give notice to all other parties of  its willingness to accept service of documents by electronic means by inserting in that party’s pleading  a notice consenting to electronic service and providing the e-mail address where such service can be effected.       

(3) A document served electronically is to be served on the date that the document was transmitted.

(4) A consent to electronic service does not preclude a party from offering proof that                    

(a) an electronic transmission was not received by that party; and                            

(b) the lack of reception was not due to any fault or delay on the part of that party

(5) This rule does not apply to originating documents unless the party being served agrees otherwise.


Rules of the Supreme Court of the Northwest Territories, NWT Reg 010-96

Ontario


E-service of document is allowed if the parties consent or the court orders e-service.

Proof of service must be made with an affidavit of service (Form 16B) or, for electronic documents, with a record of service that identifies the document that was served and indicates, the total number of pages served, the name of the person who served the document and, if the person served the document on behalf of a party, the name of the party and the nature of the relationship between the person and the party, the name of the person on whom the document was served and the date on and time at which the document was served through the electronic document exchange.


16.01 […]

(4) Any document that is not required to be served personally or by an alternative to personal service,

(a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05;

(b) may be served on a party acting in person or on a person who is not a party,

[…]

(iv) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the party or person in accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day.

16.05

(1) Service of a document on the lawyer of record of a party may be made,

[…]

(f) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the lawyer’s office in accordance with subrule 16.06.1 (1), but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day.

16.06.1

(1) The e-mail message to which a document served under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f) is attached shall include,

(a) the sender’s name, address, telephone number, fax number, if any, and e-mail address;

(b) the date and time of transmission; and

(c) the name and telephone number of a person to contact in the event of a transmission problem.

(2) If parties do not consent to the service of a document by e-mail, the court may, on motion, make an order directing that the document be served by e-mail, on such terms as are just. 


Rules of Civil Procedure, RRO 1990, Reg 194

Prince Edward Island


E-service of a document is allowed if the parties consent or the court orders e-service.

Proof of service must be made with an affidavit of service (Form 16B) or, for electronic documents, with a record of service that identifies the document that was served and indicates the total number of pages served, the name of the person who served the document and, if the person served the document on behalf of a party, the name of the party and the nature of the relationship between the person and the party, the name of the person on whom the document was served and the date on and time at which the document was served through the electronic document exchange.


16.01 […]

(4) Any document that is not required to be served personally or by an alternative to personal service,

(a) shall be served on a party who has a lawyer of record by serving the lawyer, and service may be made in a manner provided in rule 16.05;

(b) may be served on a party acting in person or on a person who is not a party,

[…]

(iv) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the party or person in accordance with subrule 16.06.1 (1), but, where service is made under this subclause between 4 p.m. and midnight, it is deemed to have been made on the following day.

16.05

(1) Service of a document on the lawyer of record of a party may be made,

[…]

(f) if the parties consent or the court orders under subrule 16.06.1 (2), by e-mailing a copy to the lawyer’s office in accordance with subrule 16.06.1 (1), but, where service is made under this clause between 4 p.m. and midnight, it is deemed to have been made on the following day.

16.06.1

(1) The e-mail message to which a document served under subclause 16.01 (4) (b) (iv) or clause 16.05 (1) (f) is attached shall include,

(a) the sender’s name, address, telephone number, fax number, if any, and e-mail address;

(b) the date and time of transmission; and

(c) the name and telephone number of a person to contact in the event of a transmission problem.

(2) If parties do not consent to the service of a document by e-mail, the court may, on motion, make an order directing that the document be served by e-mail, on such terms as are just. 


Rules of Civil Procedure, RRO 1990, Reg 194

Quebec


E-service is allowed between counsel and to a party not represented by a lawyer if the party consented or if ordered by the court.

Proof of service must be made with a transmission slip.


110

  • Notification may be made by any appropriate method that provides the notifier with proof that the document was delivered, sent or published. Such methods include notification by court bailiff, by mail, by delivery, by technological means and by public notice.
  • If the law so requires, notification is made by a court bailiff, in which case it is called service.
  • Whatever the method of notification used, a person who acknowledges receipt of the document or admits having received it is deemed to have been validly notified.

113

Notification by a lawyer, a notary or a bailiff to a correspondent who is a lawyer, a notary or a bailiff may be made by any means of communication and the correspondent’s signature is proof of the authenticity of the document.

133

  • Notification by a technological means is made by sending the document to the address provided by the addressee for the receipt of the document, or to the address that is publicly known as the address where the addressee receives documents, provided the address is active at the time of sending.
  • However, notification by a technological means to a party not represented by a lawyer or a notary is permitted only with the party’s consent or if ordered by the court.

134

  • Notification by a technological means is proved by the transmission slip or, failing that, by an affidavit of the sender.
  • The transmission slip must set out the nature of the document, the court record number, the names and contact information of the sender and the addressee, and the place, date, hour and minute of sending; unless the document was sent by a bailiff, the transmission slip must also contain the information needed to enable the addressee to make sure that the entire document was sent. The transmission slip is filed with the court office only if a party so requests.

Code of civil procedure, CQLR, c. C-25.01

Saskatchewan


E-service is allowed if an email address for service has been filed. No consent is required.

Proof of service must be made with an acknowledgement of service (Form 12-3) that may be endorsed on or attached to an original or true copy of the document served.


12-4

(1) If expressly authorized by enactment, an order of the Court or these rules, service of a document may be effected by an alternative mode, including:

[…]

(d) electronic transmission.

(2) Subject to subrule (3), if an address for service in a proceeding has been filed respecting the person to be served, a document required to be served may be served at the address for service by any of the following modes:

[…]

(d) electronic transmission.

(3) Subrule (2) does not apply to a subpoena or an application for committal of a person for contempt of Court […]

(7) In the case of service by electronic transmission:

(a) the document must be electronically transmitted to the electronic transmission address shown in the address for service of the person to be served; and

(b) the electronic transmission must set out all of the following information:

(i) the sender’s name, address, telephone number, electronic transmission address and the sender’s fax number if there is one;

(ii) the name of the person to be served;

(iii) the date and time of transmission;

(iv) the electronic file name of the document being transmitted, the style of cause, name and date of the document being transmitted and the total number of hard copy pages of the document;

(v) the name and telephone number of a person to contact in the event of transmission problems;

(vi) confirmation that the original document has been signed, that the original signed document has been or will be filed with the Court and that the original signed document is available for inspection at the place and times specified.


The Queen’s Bench Rules, SS 1998, c Q-101

Yukon


E-service is allowed if the address for delivery includes the email address of the lawyer. No consent is required.

Proof of service must be made with an affidavit of service or an affidavit of delivery unless service on a lawyer is acknowledged in writing by the lawyer.


Rule 11 – Service and delivery of documents

[…]

(6) A document may be delivered to an address for delivery in any of the following ways:

[…]

(b) if the address for delivery includes the fax number or email address of the lawyer of record for a party, by transmitting the document to the fax number or email address of the lawyer;

[…]

(8) Transmission of a document by fax or email to an address for delivery under this rule is effective

(a) on the day of the transmission if the document is transmitted before 4 p.m., or

(b) on the next day that is not a Saturday or holiday, if the document is transmitted after 4 p.m.

[…]

(10) An affidavit of service in Form 7 or an affidavit of delivery in Form 8 shall state upon whom, what document, when, where, how and by whom service or delivery was effected. A copy of all documents served shall be attached as separate exhibits.

(11) Service or delivery of a document upon a lawyer of record, if acknowledged in writing by the lawyer need not be verified by affidavit.


Rules of Court for the Supreme Court of Yukon