RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS.
- Except as otherwise provided by these rules, every Order required by its terms to be served, every pleading subsequent to the original Complaint, every 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. No service need to be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against Defendants in default shall be served upon them in the same manner as provided for service of Summons and Complaint.
- Whenever service of a legal document other than the Summons and Complaint 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 that party himself is ordered by the Court. Service upon the attorney or a party shall be made either by service in the manner provided for Summons and Complaint or by mailing a copy of the legal document to the party or his attorney at the last known post office address. Service by mail shall be by first class mail and is complete upon mailing. An attorney’s certificate of service, the written admission of service by the party or his attorney, or an affidavit of mailing shall be sufficient proof of service. The provisions of this Rule 5 are not intended to change the rules for Service of Summons and Complaint. Further, any process or other legal paper designed or with the purpose to bring a party into contempt shall be served by personal service only.
- In any action in which there are unusually large number of Defendants, the Court may order that service of documents between Defendants upon each other and replies thereto may be made in summary fashion other than by service by each Defendant on each other Defendant. A copy of any such order of the Court shall be served upon all parties in such manner and form as the Court directs.
- The originals of all papers served upon a party or presented to any Court or to any Judge shall either be filed with the Court prior to service or filed with the Court together with the proof of service immediately upon service. If such papers are not to be served, they must be filed with the Court at the time of their presentation to the Court for action or consideration. In the event of failure to file any paper required to be filed under this rule, the adverse party shall be entitled without notice to an order requiring such paper to be filed within a reasonable time as specified by the Court. The Court may likewise order that upon failure to file such paper, the action or proceeding shall be dismissed without prejudice and no new action or proceeding may be commenced without payment of reasonable terms to be fixed by the Court. If any such process or other paper has been lost or withheld by any person, the Court may authorize a copy thereof to be filed and substituted for the original. A legal document is deemed filed with the Court as required by this Chapter if the same has been presented to the Clerk of Court or to the Judge assigned to handle the proceeding. The Clerk or the Judge will not thereon the filing date and assure that the document is placed in the original Court file.
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