(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 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, that the Judicial Conference of the United States establishes. A paper filed by electronic means in compliance with a local rule constitutes 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 any local rules or practices.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001.)
added in current removed in current
Compared to current version (2025).
(a) Service: When Required. Except a
(1) In General. Unless otherwise provided in these rules, every order required by its terms tose rules provide otherwise, each of the following papers must be served, on every pleading subsequent toarty:
(A) an order stating that service is required;
(B) a pleading filed after the original complaint, unless the court orders otherwise orunders because of numerous defendants, every paper relating to Rule 5(c) because there are numerous defendants;
(C) a discovery paper required to be served upon a party, unless the court orders otherwise orders, every;
(D) a written motion other than one which, except one that may be heard ex parte,; and every
(E) a written notice, appearance, demand, or offer of judgment, designation of record on appeal,or andy similar paper shall be served upon each of the parties. No service need be made on partie.
(2) If a Party Fails to Appear. No service is required on a party who is in default for failureing to appear except that. But a pleadings that assertings a new or additional claims for relief against them shallsuch a party must be served upon them in the manner provided for service of summons in Rule 4at party under Rule 4.
(3) Seizing Property. Inf an action is begun by seizure ofing property, in which and no person is or need be or is named as a defendant, any service required to be made prior tobefore the filing of an appearance, answer, or claim, or appearance shall must be made upon the person havingwho had custody or possession of the property at the time of itwhen it was seizured.
(b) Making Service.
(1) Service under Rules 5(a) and 77(d) onService: How Made.
(1) Serving an Attorney. If a party is represented by an attorney is, service under this rule must be 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 servedin General. A paper is served under this rule by:
(iA) handing it to the person;
(iiB) leaving it:
(i) 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 who residinges there.;
(BC) Mmailing a copyit to the person’s last known address of the person served. Service by mail-in which event service is complete upon mailing.;
(CD) Ileaving it with the court clerk 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;
(E) sending it to a registered user by filing it with the court’s electronic-filing system or sending it by other electronic means that the person consented to in writing-in either of which events service is complete upon 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 iffiling or sending, but is not effective if the filer or sender learns that it did not reach the person to be served; or
(F) delivering it by any other means that the person consented to in writing-in which event service is complete when the partyerson making service learns that the attempted service did not reach the person to be served.delivers it to the agency designated to make delivery.
(3) Using Court Facilities. [Abrogated (Apr. 26, 2018, eff. Dec. 1, 2018.)]
(c) Same:erving Numerous Defendants. In
(1) In General. If any action in which there arevolves an unusually large numbers of defendants, the court may, upon motion or ofn its own initiative, may order that service of the pleadings of the defendant, order that:
(A) defendants’ pleadings and replies theretoo them need not be made as betweeserved on other defendants and that;
(B) any cross-claim, counterclaim, or matter constituting an avoidance, or affirmative defense contained therein shall be deemed to bein those pleadings and replies to them will be treated as denied or avoided by all other parties; and that the
(C) filing of any such pleading and service thereof upng it on the plaintiff constitutes due notice of it to the pthe pleading to all parties.
(2) Notifying Parties. A copy of every such order shallmust be served upon the parties in such manner and form as the court directs.
(d) Filing.
(1) Required Filings; Certificate of Service. All p
(A) Papers after the cComplaint required to be served upon a party, together with a certificate of. Any paper after the complaint that is required to be service,ed must be filed with the court wino later thian a reasonable time after service, b. 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 tangible things or to permit entry uponto land, and (iv) requests for admission.
(eB) Filing with the Court Defined. The filing of papers with the court as required by these rules shall be made by filing them with theCertificate of Service. No certificate of service is required when a paper is served by filing it with the court’s electronic-filing system. When a paper that is required to be served is served by other means:
(i) if the paper is filed, a clerk of 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, that the Judicial Conference of the United States establishestificate of service must be filed with it or within a reasonable time after service; and
(ii) if the paper is not filed, a certificate of service need not be filed unless filing is required by court order or by local rule.
(2) Nonelectronic Filing. A paper not filed electronically is filed by delivering it:
(A) to the clerk; or
(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.
(3) Electronic Filing and Signing.
(A) By a Represented Person-Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause or is allowed or required by local rule.
(B) By an Unrepresented Person-When Allowed or Required. A person not represented by an attorney:
(i) may file electronically only if allowed by court order or by local rule; and
(ii) may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.
(C) Signing. A filing made through a person’s electronicfiling account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.
(D) Same as a Written Paper. A paper filed by electronic means in compliance with a local rule constituteally is a written paper for the purposes of applying these rules.
(4) Acceptance by the Clerk. The clerk shallmust not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as requirfile a paper solely because it is not in the form prescribed by these rules or anyby a local rules or practices.
(As amended Jan. 21, 1963, eff. July 1, 1963; Mar. 30, 1970, eff. July 1, 1970; Apr. 29, 1980, eff. Aug. 1, 1980; Mar. 2, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 23, 1996, eff. Dec. 1, 1996; Apr. 17, 2000, eff. Dec. 1, 2000; Apr. 23, 2001, eff. Dec. 1, 2001; Apr. 12, 2006, eff. Dec. 1, 2006; Apr. 30, 2007, eff. Dec. 1, 2007; Apr. 26, 2018, eff. Dec. 1, 2018.)