Rule21. Filing and service.
(a)Filing. Papers required or permitted tobe filed by these rules shall be filed with the clerk of the appropriate court.Filing may be accomplished by mail addressed to the clerk. Except as providedin subpart (f), filing is not considered timely unless the papers are receivedby the clerk within the time fixed for filing, except that briefs shall bedeemed filed on the date of the postmark if first class mail is utilized. If amotion requests relief which may be granted by a single justice or judge, thejustice or judge may accept the motion, note the date of filing, and transmitit to the clerk.
(b)Service of all papers required. Copies of all papersfiled with the appellate court shall, at or before the time of filing, beserved on all other parties to the appeal or review. Service on a partyrepresented by counsel shall be made on counsel of record, or, if the party isnot represented by counsel, upon the party at the last known address. A copy ofany paper required by these rules to be served on a party shall be filed withthe court and accompanied by proof of service.
(c)Manner of service. Service may be personal or bymail. Personal service includes delivery of the copy to a clerk or otherresponsible person at the office of counsel. Service by mail is complete onmailing.
(d)Proof of service. Papers presented for filingshall contain an acknowledgment of service by the personserved or a certificate of service in the form of a statement of the date andmanner of service, the names of the persons served, and the addresses at whichthey were served. The certificate of service may appear on or be affixed to thepapers filed. 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. Papers filed by an inmateconfined in an institution are timely filed if they are deposited in theinstitution's internal mail system on or before the last day for filing. Timelyfiling may be shown by a notarized statement or written declaration settingforth the date of deposit and stating that first-class postage has beenprepaid.
(g)Filings containing other than public information and records.If a filing, including an addendum, contains non-public information, the filermust also file a version with all such information removed. Non-publicinformation means information classified as private, controlled, protected,safeguarded, sealed, juvenile court legal, or juvenile court social, or anyother information to which the right of public access is restricted by statute,rule, order, or case law.
Paragraph (e) is added to Rule 21to consolidate various signature provisions formerly found in other sections ofthe rules.
Records are classified as public,private, controlled, protected, safeguarded, sealed, juvenile court legal, orjuvenile court social by Code of Judicial Administration Rule 4-202.02.The right of public access might also be restricted by Title63G, Chapter 2, Government Records Access and Management Act, by other statutes,rules, or case law, or by court order. If a filing contains information orrecords that are not public, Rule 21(g) requires the filer to file an unredacted version for the court and a version for thepublic that does not contain the confidential information.
EffectiveMay 1, 2016