Print Version
Previous PageFile uploaded: 5/8/2018

Rule 21. Filing and service.

(a) Filing. Papers required or permittedto be filed by these rules shall be filed with the clerk of the appropriatecourt. Filing may be accomplished by mail addressed to the clerk. Except asprovided in subpart (f), filing is not considered timely unless the papers arereceived by the clerk within the time fixed for filing, except that briefsshall be deemed filed on the date of the postmark if first class mail isutilized. If a motion requests relief which may be granted by a single justiceor judge, the justice or judge may accept the motion, note the date of filing,and transmit it to the clerk.

(b) Service of all papers required.Copies of all papers filed with the appellate court shall, at or before thetime of filing, be served on all other parties to the appeal or review. Serviceon a party represented by counsel shall be made on counsel of record, or, ifthe party is not represented by counsel, upon the party at the last knownaddress. A copy of any paper required by these rules to be served on a partyshall be filed with the court and accompanied by proof of service.

(c) Manner of service. Service may bepersonal or by mail. Personal service includes delivery of the copy to a clerkor other responsible person at the office of counsel. Service by mail iscomplete on mailing.

(d) Proof of service. Papers presentedfor filing shall contain an acknowledgment of service by the person served or acertificate of service in the form of a statement of the date and manner ofservice, the names of the persons served, and the addresses at which they wereserved. The certificate of service may appear on or be affixed to the papersfiled. If counsel of record is served, the certificate of service shalldesignate the name of the party represented by that counsel.

(e) Signature. All papers filed in theappellate court shall be signed by counsel of record or by a party who is notrepresented by counsel.

(f) Filing by inmate.

(f)(1) For purposes of this paragraph(f), an inmate is a person confined to an institution or committed to a placeof legal confinement.

(f)(2) Papers filed by an inmate aretimely filed if they are deposited in the institution?s internal mail system onor before the last day for filing. Timely filing may be shown by acontemporaneously filed notarized statement or written declaration settingforth the date of deposit and stating that first-class postage has been, or isbeing, prepaid, or that the inmate has complied with any applicablerequirements for legal mail set by the institution.? Response time will becalculated from the date the papers are received by the court.

(g) Filings containing other than publicinformation and records. If a filing, including an addendum, containsnon-public information, the filer must also file a version with all suchinformation removed. Non-public information means information classified asprivate, controlled, protected, safeguarded, sealed, juvenile court legal, orjuvenile court social, or any other information to which the right of publicaccess is restricted by statute, rule, order, or case law.

 

 

Effective May 1, 2018