Rule 20.04 - Misdemeanors or Felonies-Service of Motions. Applications, Notices and Other Papers-Return-Filing(a) Service-When Required. Every written motion, other than one which may be heard ex parte, and every written notice, application, and similar paper which is required to be served shall be served upon each of the parties affected thereby.(b) Service-Upon Attorney. When under these rules, or any of the statutes of this state, service is required or permitted to be made upon a party represented by an attorney of record, service shall be made upon the attorney, unless service upon the party himself is ordered by the court. When a party is represented by more than one attorney service may be made upon any such attorney.(c) Service-How and by Whom Made. Unless otherwise ordered by the court, service required by subsection (a) and (b) of this rule may be made in the following manner: (1) Upon the attorney, by delivering a copy to him or by leaving a copy at the attorney's office with a clerk or secretary or with an attorney employed by or associated with the attorney to be served, or by mailing a copy to such attorney at his last known address;(2) Upon a party, by delivering or mailing a copy to him or by serving a copy in the manner provided for service of summons in Rule 54.13. Service provided for in subsections (c)(1) and (2) hereof may be made by a competent witness. Service by mail is complete upon mailing.
(d) Service-How Shown. Service may be shown by acknowledgment of receipt or by affidavit or by written certificate of counsel making such service.(e) Service-Time for-When No Time Specified. When provision is made for the time of filing papers and none is made for the time of service thereof, copies shall be delivered in person or by mail on the day of filing or as soon thereafter as can be done.(f) Filing-When Required. All papers required to be served upon a party and filed with the court shall be filed either before service or within five days thereafter.(g) 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 a judge may permit the papers to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk.(h) Filing With the Court-Facsimile Transmission. By local court rule, a court, in cooperation with the office of the clerk of the court, may authorize the filing by facsimile transmission of applications for search warrants and affidavits in support thereof, arrest warrants and complaints and indictments in support thereof, and such other motions, applications, orders, warrants, pleadings and the like as may be deemed desirable if not otherwise prohibited by law. If filing by facsimile transmission is authorized by local rule, any pleading or other paper so filed shall have the same effect as the filing of an original document, even though it may be required to be verified or submitted by affidavit. A facsimile signature shall have the same effect as an original signature. The person filing a pleading or other paper by facsimile transmission shall retain the original and make it available upon order of the court.Adopted June 13, 1979, eff. 1/1/1980. Amended May 26, 1998, eff. 1/1/1999.Committee Note - 1979
Paragraph (a) is substantially the same as Rule 43.01(a).
Paragraph (b) is the same as Rule 43.01(b).
Compare: Prior Rule 31.07.
Paragraph (c) is the same as Rule 43.01(c).
Compare: Prior Rule 31.07.
Paragraph (d) is the same as Rule 43.01(d).
Compare: Prior Rule 31.07.
Paragraph (e) is the same as Rule 43.01(f).
Paragraph (f) is the same as Rule 43.02(a) except that "after the petition" is deleted.
Paragraph (g) is substantially the same as Rule 43.02(b).
(Amended April 23, 1996, eff. Jan. 1, 1997.)