Rule 39. Service of Pleadings

(a) In general. At or before the filing of any pleading or other paper relative to a case in the Clerk's office, a copy thereof shall be served in person or by mail on all counsel of record, including amicus curiae counsel. See Rule 16(b). When a party is not represented by counsel, service shall be made on such party in person or by mail. When reasonable, considering such factors as the immediacy of the relief sought, distance, and cost, service must be at least as expeditious as the manner used to file the pleading or other paper with the Court. See Rule 36.

(b) Personal service. If service is made in person, it shall consist of delivery at the office of the counsel of record, either to counsel or to an employee therein. If the party is not represented, service shall consist of delivery to such party.

(c) Service by mail. If service is made by mail, it shall consist of depositing the pleading or other paper with the United States Postal Service, with no less than first-class postage prepaid, addressed to the counsel of record or, if the party is not represented, to such party, at the proper post office address.

(d) Certificate for review. In the case of a certificate for review, service of a copy thereof shall be made on appellate defense counsel and appellate government counsel as prescribed in Rule 22(a).

(e) Form of certificate of filing and service. A certificate indicating the specific manner of filing under Rule 36 and the specific manner of service under this rule shall be included in any pleading or other paper substantially in the following form:

certificate of filing and service

I certify that the original and seven copies of the foregoing were [delivered] (or) [mailed-specify class of mail] to the Court on ____(date)____ and that a copy of the foregoing was [delivered] (or) [mailed-specify class of mail] to (enter specific name of each counsel of record or party, if not represented) on ____(date)____.

______________________________________      

(Typed name and signature of        

certifying person)           

______________________________________      

(Address and telephone no.         

of certifying person)           

(As amended Sept. 20, 1999, eff. Oct. 1, 1999.)