Service of Filings

(a) Contemporaneous with the initial filing in this Court, a copy of that filing must be served on all counsel of record, to include victim or complainant’s counsel and amicus curiae counsel, who entered an appearance at the Court of Criminal Appeals. If the victim or complainant filed pro se, service must be made by appellate government counsel on the victim or complainant. Parties, as well as qualifying victim’s counsel and amicus curiae 42 counsel, are expected to serve all filings electronically. When a party or individual files pro se, service on that party must be made by the same means by which the party or individual filed, except for pleadings filed by hand delivery, in which case service may be made by mail or commercial carrier. (b) Means of Service: (1) Electronic Service. If service is made electronically, it consists of sending it to a registered user when filing in accordance with Rule 36(b) or by sending it by other electronic means to which the person to be served has consented. (2) Personal Service. If service is made in person, it consists of delivery at the office of the counsel of record, either to counsel or to an employee therein. If the party is pro se, service consists of delivery to such party. (3) Service by Mail. Service made by mail consists 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 pro se, to such party, at his or her last known address. (4) Service by Third-Party Commercial Carrier. If service is made by a third- party commercial carrier, it must be for delivery within three calendar days. (5) Time of Service. Personal service is complete on delivery. Service by mail or third-party commercial carrier is complete on mailing or delivery to the carrier. Service by electronic means is complete upon transmission. (6) Certificate for Review. In the case of a certificate for review, service of a copy thereof must be made on appellate defense counsel and appellate government counsel as prescribed in Rule 22(a). (c) Proof of Service. (1) A paper presented for filing must contain either of the following if it was not served when filing electronically: (A) A statement pursuant to 28 U.S.C. § 1746 by the person who made the service certifying: (B) the date and manner of service; (C) the names of the persons served; and (D) the addresses of the persons served. (2) Proof of service, in substantially the following form, must appear on or be affixed to the filing. CERTIFICATE OF FILING AND SERVICE 43 I certify that a copy of the foregoing was [delivered] (or) [means of service] to the Court and [delivered] (or) [means of service] to (party) at (email or mailing address or fax no.) on (date). [Where more than one counsel or party is being served, the certificate should specify how each party or counsel was served.] HEARINGS