§ Rule 5. Service and Filing of Pleadings and Other Paperss

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, 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. Any pleadings asserting new or additional claims for relief against any party in default must be served upon such party 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.

(D) Delivering a copy by any other means, including electronic means, as permitted or required by administrative order or 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.

(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.All filings after the complaint required to be served upon a party, other than those referred to in Rule 12-I(e), shall be filed with the Court either before service or within 5 days after service; however, the clerk shall not accept for filing depositions, transcripts, interrogatories, requests for documents, requests for admission, and responses thereto except as set forth below. The requesting party must retain the original discovery paper, and must also retain personally, or make arrangements for the reporter to retain, in their original and unaltered form, any deposition transcripts which have been made at the party's request. Such discovery papers and deposition transcripts must be retained until the case is concluded in this Court, the time for noting an appeal or petitioning for a writ of certiorari has expired, and any such appeal or petition has been decided. Discovery papers and deposition transcripts may be filed, without leave of court, if they are appended to a motion or opposition to which they are relevant and may otherwise be filed if so ordered by the Court sua sponte or pursuant to motion. A CERTIFICATE REGARDING DISCOVERY, summarizing all discovery that has occurred to date, shall be filed with the Court as an attachment to: (1) any motion regarding discovery; (2) any opposition to a dispositive motion based on the need for discovery; and (3) any motion to extend Scheduling Order dates.

(e) Filing With the Court Defined.

(1) 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. On the date of the filing of any motion, or of any papers related to a motion (i.e., an opposition to a motion, memorandum of points and authorities, exhibits related thereto or proposed order), the party filing such motion, papers or pretrial statements and other papers described in SCR Civil 16(d) and (e) shall deliver a chambers copy thereof to a depository designated by the Clerk of the Court for receipt of such papers by the assigned judge. Along with the chambers copy of the motion, the moving party must provide the assigned judge with (1) an original proposed order and (2) an addressed envelope or a mailing label for each counsel or unrepresented party to the case. With the chambers copy of any opposition to a motion, the party filing the opposition must provide the assigned judge with an original proposed order. If the original document has been mailed, the chambers copy may be mailed to chambers. No other papers shall be delivered to the judge's chambers unless the assigned judge so orders.

(2) Filing Electronically.

(A) Electronic Filing. As permitted or required by statute, rule or administrative order, pleadings and filings may be filed by electronic means. Filing by electronic means is complete upon transmission, unless the party making the transmission learns that the attempted transmission was undelivered or undeliverable.

(B) Form of Documents Electronically Filed.

(i) Format of Electronically Filed Documents. All filings submitted electronically shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper filings, and in such other and further format as the Court may require from time to time.

(ii) Every document filed electronically through the Court's authorized eFiling system shall be deemed to have been signed by the attorney who made the filing or authorized that the filing be made. Each filing shall bear either an “/s/” or a typographical or imaged signature on the signature line. Below the signature line there shall appear the typed name, address, telephone number, e-mail address and Bar number of the attorney who submitted the filing. A party appearing pro se who chooses to eFile through the Court's authorized eFiling system shall use either an “/s/” or a typographical signature on the signature line and must include under that line, his or her name, address, telephone number and email address. A pro se party shall be responsible for the filing under Rule 11.

(C) Maintenance of Original Document. Unless otherwise ordered by the Court, an original of all documents filed electronically, including original signatures, shall be maintained by the party filing the document during the pendency of the case and through exhaustion of any appeals or appeal times, and shall be made available, upon reasonable notice, for inspection by other counsel or the Court.

(D) Service of Original Complaint and Related Documents. After electronic filing of the original complaint, service upon parties is the responsibility of the filer and must be accomplished in accordance with these rules. Proof of service shall be filed electronically.

(E) Conventional Filing of Documents. Notwithstanding the foregoing, the following types of documents may be filed conventionally and need not be filed electronically, unless expressly required by the Court:

(i) Documents Filed Under Seal. A motion to file documents under seal shall be filed and served electronically. The documents to be filed under seal shall be filed in paper form, unless a different procedure is required by statute, rule, the Court or administrative order. Documents filed under seal should be clearly marked as such by the filer.

(ii) Exhibits and Real Objects. Exhibits to declarations or other documents that are real objects (e.g., x-ray film or vehicle bumper) or which otherwise may not be comprehensibly viewed in an electronic format shall be filed and served conventionally in paper form.

(iii) Courtesy Copies. Unless specifically requested by the Court, paper courtesy copies of documents filed electronically need not be delivered to the Court.

(F) Electronic Filing and Service of Orders and Other Papers. The Court may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of these rules, statutes or administrative order.

(G) Who Shall File Electronically. By statute, rule or administrative order, all attorneys representing parties may be required to submit filings electronically. By statute, rule or administrative order, any person appearing pro se may file and serve documents electronically and may be served electronically, if they have consented in writing thereto, and if such activities are provided for by the Court's e-filing program.

(H) [Failure to Process Transmission.] If the electronic filing is not filed because of a failure to process it through no fault of the sending party, the Court shall enter an order permitting the document to be filed nunc pro tunc to the date it was sent electronically, as long as the document is filed within ten (10) days of the attempted transmission.

(f) Privacy Requirements.

(1) All parties shall exclude the following personal identifiers from all filed documents, except as provided below.

(A) Social Security Numbers. Except as otherwise provided below, social security numbers are to be excluded from public filings. If a party intends to file any document that includes an individual's social security number, the party shall file the document with the acronym “SSN” placed where the individual's social security number would have been included. On Writs of Garnishment, social security numbers should be deleted only from the original writ and not from the service copies.

(B) Names of Minor Children. The names of minor children are to be excluded from public filings. If a party intends to file any document in which a minor child will be identified, only the initials of that child should be used in any public filing.

(C) Dates of Birth. Dates of birth are to be excluded from public filings. If a party intends to file any document that includes an individual's date of birth, the party shall file the document with the acronym “DOB” placed where the individual's date of birth would have been included.

(D) Financial Account Numbers. Financial account numbers are to be excluded from public filings. If a party intends to file a document that includes a financial account number, only the last four digits should be used.

(2) A party wishing to file a document containing the unredacted personal identifiers listed in subparagraph (A) through (D) of this rule may submit a motion to file an unredacted document under seal.

(3) The responsibility for redacting these personal identifiers rests solely with counsel and the interested persons.