{"id":3959,"date":"2017-08-06T19:05:58","date_gmt":"2017-08-06T19:05:58","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=3959"},"modified":"2017-11-29T06:38:30","modified_gmt":"2017-11-29T06:38:30","slug":"rule-5","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=3959","title":{"rendered":"Rule 5- Serving and Filing Pleadings and Other Papers"},"content":{"rendered":"

Federal Rules of Civil Procedure Simplified<\/em><\/span><\/a>:
\nTitle II<\/a>\u2013 Commencing an Action; Service of Process<\/a>; Pleadings<\/a>, Motions<\/a>, & Orders<\/a>
\nRule 5<\/span> –\u00a0Serving and Filing Pleadings<\/a> and Other Papers<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 Continued from Rule 4.1 – serving other process<\/a>:<\/strong><\/span><\/p>\n

(a)\u00a0Service: When Required.<\/strong><\/span><\/p>\n

(1)\u00a0In General.<\/em><\/strong>\u00a0Unless these rules provide otherwise, each of the following papers must<\/em><\/span> be served on every party:<\/span><\/p>\n

(A) an order<\/a><\/strong> stating that service is required;<\/span><\/p>\n

(B) a pleading<\/a><\/strong> filed after the original complaint<\/a><\/strong>, unless the court orders<\/a><\/strong> otherwise under Rule 5(c)<\/strong><\/span> because there are numerous defendants<\/a><\/strong>;<\/span><\/p>\n

(C) a discovery<\/strong><\/a><\/span> paper required to be served on a party, unless the court orders otherwise;<\/span><\/p>\n

(D) a written motion<\/a><\/strong>, except one that may be heard ex parte<\/em><\/strong><\/span><\/a>; and<\/span><\/p>\n

(E) a written notice, appearance, demand, or offer of judgment, or any similar paper.<\/span><\/p>\n

(2)\u00a0If a Party Fails to Appear.<\/em><\/strong>\u00a0No service is required on a party who is in default for failing to appear. \u00a0But a pleading<\/a><\/strong> that asserts a new claim for relief against such a party must be served on that party under\u00a0Rule 4<\/strong><\/a>.<\/span><\/p>\n

(3)\u00a0Seizing Property.<\/em><\/strong>\u00a0If an action is begun by seizing property and no person is or need be named as a\u00a0defendant<\/a><\/strong>, 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.<\/span><\/p>\n

(b)\u00a0Service: How Made.<\/strong><\/span><\/p>\n

(1)\u00a0Serving an Attorney.<\/em><\/strong>\u00a0If a party is represented by an attorney, service under this rule must be made on the attorney unless the court\u00a0orders<\/a><\/strong> service on the party.<\/span><\/p>\n

(2)\u00a0Service in General.<\/em>\u00a0<\/strong>A paper is served under this rule by:<\/span><\/p>\n

(A) handing it to the person;<\/span><\/p>\n

(B) leaving it:<\/span><\/p>\n

(i) at the person\u2019s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or<\/span><\/p>\n

(ii) if the person has no office or the office is closed, at the person\u2019s dwelling or usual place of abode with someone of suitable age and discretion who resides there;<\/span><\/p>\n

(C) mailing it to the person\u2019s last known address\u2014 in which event service is complete upon mailing;<\/span><\/p>\n

(D) leaving it with the court clerk if the person has no known address;<\/span><\/p>\n

(E) sending it by electronic means if the person consented in writing\u2014 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<\/span><\/p>\n

(F) delivering it by any other means that the person consented to in writing\u2014 in which event service is complete when the person making service delivers it to the agency designated to make delivery.<\/span><\/p>\n

(3)\u00a0Using Court Facilities.<\/em><\/strong>\u00a0If a local rule so authorizes, a party may use the court\u2019s transmission facilities to make service under Rule 5(b)(2)(E)<\/strong><\/span>.<\/span><\/p>\n

(c)\u00a0Serving Numerous Defendants.<\/strong><\/span><\/p>\n

(1)\u00a0In General.<\/em>\u00a0<\/strong>If an action involves an unusually large number of\u00a0defendants<\/a><\/strong>, the court may, on motion<\/a><\/strong> or on its own, order that:<\/span><\/p>\n

(A) defendants\u2019 pleadings<\/a><\/strong> and replies<\/a><\/strong> to them need not be served on other defendants;<\/span><\/p>\n

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and<\/span><\/p>\n

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.<\/span><\/p>\n

(2)\u00a0Notifying Parties.<\/em><\/strong>\u00a0A copy of every such order must be served on the parties as the court directs.<\/span><\/p>\n

(d)\u00a0Filing.<\/strong><\/span><\/p>\n

(1)\u00a0Required Filings; Certificate of Service.<\/em><\/strong>\u00a0Any paper after the complaint<\/a><\/strong> that is required to be served\u2014together with a certificate of service\u2014must be filed within a reasonable time after service. But disclosures under\u00a0Rule 26(a)(1) or (2)<\/a><\/strong>\u00a0and the following discovery requests and responses must 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 onto land, and requests for admission.<\/span><\/p>\n

(2)\u00a0How Filing Is Made\u2014In General.<\/em><\/strong>\u00a0A paper is filed by delivering it:<\/span><\/p>\n

(A) to the clerk; or<\/span><\/p>\n

(B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.<\/span><\/p>\n

(3)\u00a0Electronic Filing, Signing, or Verification.<\/em><\/strong>\u00a0A court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the Judicial Conference of the United States. A local rule may require electronic filing only if reasonable exceptions are allowed. A paper filed electronically in compliance with a local rule is a written paper for purposes of these rules.<\/span><\/p>\n

(4)\u00a0Acceptance by the Clerk.<\/em><\/strong>\u00a0The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

Transcript of Rule 5:<\/span><\/strong><\/span><\/p>\n

(a)\u00a0Service: When Required.<\/strong><\/span><\/p>\n

(1)\u00a0In General.<\/em><\/strong>\u00a0Unless these rules provide otherwise, each of the following papers must be served on every party:<\/span><\/p>\n

(A) an order<\/a><\/strong> stating that service is required;<\/span><\/p>\n

(B) a pleading<\/a><\/strong> filed after the original complaint<\/a><\/strong>, unless the court orders<\/a><\/strong> otherwise under Rule 5(c)<\/span><\/strong> because there are numerous defendants<\/a><\/strong>;<\/span><\/p>\n

(C) a discovery<\/strong><\/span> paper required to be served on a party, unless the court orders otherwise;<\/span><\/p>\n

(D) a written motion<\/a><\/strong>, except one that may be heard ex parte<\/em><\/strong><\/span>; and<\/span><\/p>\n

(E) a written notice, appearance, demand, or offer of judgment, or any similar paper.<\/span><\/p>\n

(2)\u00a0If a Party Fails to Appear.<\/em><\/strong>\u00a0No service is required on a party who is in default for failing to appear. \u00a0But a pleading<\/a><\/strong> that asserts a new claim for relief against such a party must be served on that party under\u00a0Rule 4<\/strong><\/a>.<\/span><\/p>\n

(3)\u00a0Seizing Property.<\/em><\/strong>\u00a0If an action is begun by seizing property and no person is or need be named as a\u00a0defendant<\/a><\/strong>, 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.<\/span><\/p>\n

(b)\u00a0Service: How Made.<\/strong><\/span><\/p>\n

(1)\u00a0Serving an Attorney.<\/em><\/strong>\u00a0If a party is represented by an attorney, service under this rule must be made on the attorney unless the court\u00a0orders<\/a><\/strong> service on the party.<\/span><\/p>\n

(2)\u00a0Service in General.<\/em>\u00a0<\/strong>A paper is served under this rule by:<\/span><\/p>\n

(A) handing it to the person;<\/span><\/p>\n

(B) leaving it:<\/span><\/p>\n

(i) at the person\u2019s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or<\/span><\/p>\n

(ii) if the person has no office or the office is closed, at the person\u2019s dwelling or usual place of abode with someone of suitable age and discretion who resides there;<\/span><\/p>\n

(C) mailing it to the person\u2019s last known address\u2014 in which event service is complete upon mailing;<\/span><\/p>\n

(D) leaving it with the court clerk if the person has no known address;<\/span><\/p>\n

(E) sending it by electronic means if the person consented in writing\u2014 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<\/span><\/p>\n

(F) delivering it by any other means that the person consented to in writing\u2014 in which event service is complete when the person making service delivers it to the agency designated to make delivery.<\/span><\/p>\n

(3)\u00a0Using Court Facilities.<\/em><\/strong>\u00a0If a local rule so authorizes, a party may use the court\u2019s transmission facilities to make service under Rule 5(b)(2)(E)<\/strong><\/span>.<\/span><\/p>\n

(c)\u00a0Serving Numerous Defendants.<\/strong><\/span><\/p>\n

(1)\u00a0In General.<\/em>\u00a0<\/strong>If an action involves an unusually large number of\u00a0defendants<\/a><\/strong>, the court may, on motion<\/a><\/strong> or on its own, order that:<\/span><\/p>\n

(A) defendants\u2019 pleadings<\/a><\/strong> and replies<\/a><\/strong> to them need not be served on other defendants;<\/span><\/p>\n

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and<\/span><\/p>\n

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.<\/span><\/p>\n

(2)\u00a0Notifying Parties.<\/em><\/strong>\u00a0A copy of every such order must be served on the parties as the court directs.<\/span><\/p>\n

(d)\u00a0Filing.<\/strong><\/span><\/p>\n

(1)\u00a0Required Filings; Certificate of Service.<\/em><\/strong>\u00a0Any paper after the complaint<\/a><\/strong> that is required to be served\u2014together with a certificate of service\u2014must be filed within a reasonable time after service. But disclosures under\u00a0Rule 26(a)(1) or (2)<\/a><\/strong>\u00a0and the following discovery requests and responses must 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 onto land, and requests for admission.<\/span><\/p>\n

(2)\u00a0How Filing Is Made\u2014In General.<\/em><\/strong>\u00a0A paper is filed by delivering it:<\/span><\/p>\n

(A) to the clerk; or<\/span><\/p>\n

(B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.<\/span><\/p>\n

(3)\u00a0Electronic Filing, Signing, or Verification.<\/em><\/strong>\u00a0A court may, by local rule, allow papers to be filed, signed, or verified by electronic means that are consistent with any technical standards established by the Judicial Conference of the United States. A local rule may require electronic filing only if reasonable exceptions are allowed. A paper filed electronically in compliance with a local rule is a written paper for purposes of these rules.<\/span><\/p>\n

(4)\u00a0Acceptance by the Clerk.<\/em><\/strong>\u00a0The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.<\/span><\/p>\n

References:<\/strong><\/span><\/p>\n

All material utilized in accordance with Fair Use<\/a>.<\/strong><\/span><\/p>\n

[1]: United States Courts, Federal Rules of Civil Procedure (2017):\u00a0\u00a0www.uscourts.gov\/rules-policies\/current-rules-practice-procedure\/federal-rules-civil-procedure<\/a><\/strong><\/span><\/p>\n

[2]:\u00a0All definitions, unless otherwise indicated, from:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/strong><\/span><\/p>\n

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