Federal Judiciary United States Courts

Federal Rules of Criminal Procedure

Rule 49. Serving and Filing Papers

(a) Service on a Party.

  1. What is Required . Each of the following must be served on every party: any written motion (other than one to be heard ex parte), written notice, designation of the record on appeal, or similar paper.

  2. Serving a Party’s Attorney . Unless the court orders otherwise, when these rules or a court order requires or permits service on a party represented by an attorney, service must be made on the attorney instead of the party.

  3. Service by Electronic Means.

    • (A) Using the Court’s Electronic-Filing System . A party represented by an attorney may serve a paper on a registered user by filing it with the court’s electronic-filing system. A party not represented by an attorney may do so only if allowed by court order or local rule. Service is complete upon filing, but is not effective if the serving party learns that it did not reach the person to be served.

    • (B) Using Other Electronic Means . A paper may be served by any other electronic means that the person consented to in writing. Service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served.

  4. Service by Nonelectronic Means . A paper may be served by;

    • (A) handing it to the person;

    • (B) leaving it:

      • (i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office or;

      • (ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

    • (C) mailing it to the person’s last known address —in which event service is complete upon mailing ;

    • (D) leaving it with the court clerk if the person has no known address; or

    • (E) delivering it by any other means that the person consented to in writing —in which event service is complete when the person making service delivers it to the agency designated to make delivery.

(b) Filing.

  1. When required: Certificate of Service . Any paper that is required to be served must be filed no later than a reasonable time after 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 is served by other means, a certificate of service must be filed with it or within a reasonable time after service or filing.

  2. Means of Filing .

    • (A) Electronically . A paper is filed electronically by filing it with the court’s electronic-filing system. A filing made through a person’s electronic-filing account and authorized by that person, together with the person’s name on a signature block, constitutes the person’s signature. A paper filed electronically is written or in writing under these rules.

    • (B) Nonelectronically . A paper not filed electronically is filed by delivering it:

      • (i) to the clerk; or

      • (ii) 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. Means Used by Represented and Unrepresented Parties .

    • (A) Represented Party. A party 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) Unrepresented Party . A party not represented by an attorney must file nonelectronically, unless allowed to file electronically by court order or local rule.

  4. Signature . Every written motion and other paper must be signed by at least one attorney of record in the attorney’s name—or by a person filing a paper if the person is not represented by an attorney. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit. The court must strike an unsigned paper unless the omission is promptly corrected after being called to the attorney’s or person’s attention.

  5. Acceptance by the Clerk . The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.

(c) Service and Filing by Nonparties. A nonparty may serve and file a paper only if doing so is required or permitted by law. A nonparty must serve every party as required by Rule 49(a), but may use the court’s electronic-filing system only if allowed by court order or local rule.

(d) Notice of a Court Order. When the court issues an order on any post-arraignment motion, the clerk must serve notice of the entry on each party as required by Rule 49(a). A party may also serve notice of the entry by the same means. Except as Federal Rule of Appellate Procedure 4 (b) provides otherwise, the clerk’s failure to give notice does not affect the time to appeal, or relieve—or authorize the court to relieve—a party’s failure to appeal within the allowed time.

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