FILING AND SERVING PLEADINGS AND MOTIONS

(a) Filing Required; Methods of Filing. Except for oral motions made when all parties are present, every pleading, plea, motion, application to the court for an order, or other form of request to the court must be made in writing and signed by the party or the party’s attorney and must be filed with the court. A document may be filed with the court in person, by commercial delivery, by mail, or electronically, if the court allows electronic filing. Electronic filing is governed by Rule 21. (b) Service of Citation. Service of the citation to start an eviction lawsuit is governed by Rule 510.8. (c) Service of Papers Other than Citation. (1) Methods of Service. Other than a citation or oral motions made when all parties are present, every notice required by these rules, and every pleading, plea, motion, application to the court for an order, or other form of request to the court must be served on all other parties in one of the following ways. (A) In person. A copy may be delivered to the party to be served, or the party’s duly authorized agent or attorney of record, in person or by agent. (B) Mail or courier. A copy may be sent by courier-receipted delivery or by Page 262 mail, to the party’s last known address. Service by mail is complete when the document is properly addressed and deposited in the United States mail, postage prepaid. (C) Email. A copy may be sent to an email address expressly provided by the receiving party. Service by email after 5:00 p.m. local time of the recipient will be deemed to have been served on the following day. (D) Other. A copy may be delivered in any other manner directed by the court. (2) Timing. If a document is served by mail only, 3 days will be added to the length of time a party has to respond to the document. Notice of any court proceeding requested by a party must be served on all other parties not less than 3 days before the time specified for the court proceeding. (3) Who May Serve. Documents other than a citation may be served by a party to the suit, an attorney of record, a sheriff or constable, or by any other person competent to testify. (4) Certificate of Service. The party or the party’s attorney of record must include in writing on all documents filed a signed statement describing the manner in which the document was served on the other party or parties and the date of service. A certificate by a party or the party’s attorney of record, or the return of the officer, or the sworn statement of any other person showing service of a notice is proof of service.