FEDERAL RULES OF CIVIL PROCEDURE
Articles II Rule 5

FEDERAL RULES OF CIVIL PROCEDURE

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 possession of the property at
the time of its seizure.

(b) Making Service.

(1) Service under Rules 5(a) and 77(d) on a party represented by an attorney is made on
the attorney unless the court orders service on the party.

(2) Service 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) 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 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) If the person served has no known address, leaving a copy with the clerk of the court.

(D) Delivering a copy by any other means, including electronic means, consented to in
writing by the person served. Service by 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. If authorized by local rule, a party may
make service under this subparagraph (D) through the court’s transmission facilities.

(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.

(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; Certificate of Service.

All papers after the complaint 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 26(a)(1) or (2) and the following discovery requests and responses
must not be filed until they are used in the proceeding or the court orders filing: (i)
depositions, (ii) interrogatories, (iii) requests for documents or to permit entry upon land,
and (iv) requests for admission.

(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, 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. A court may by local rule permit papers to be filed, signed, or
verified by electronic means that are consistent with technical standards, if any, which the
Judicial Conference of the United States establishes. A paper filed by electronic means in
compliance with a local rule consititutes a written paper for the purpose of applying these
rules. The clerk shall not refuse to accept for filing any paper presented for that purpose
solely because it is not presented in proper form as required by these rules or by any local
rules or practices.

Notes


Federal Rules of Civil Procedure Articles II Rule 4. Summons-LII
Notes: Rule 1. Scope and Purpose of Rules
Federal Civil Procedure-Volume-56-Table of Contents   
Federal Rules of Civil Procedure Articles II Rule 5. Service and Filing of Pleadings and Other Papers-LII   
Federal Rules of Civil Procedure Articles II Rule 5. Service and Filing of Pleadings and Other Papers-Notes-LII

Federal Rules of Civil Procedure Articles II Rule 6. Time-LII
 

Federal Rules of Civil Procedure Articles II Rule 5. Service and Filing of Pleadings and Other Papers NOTES-LII