Serving and Filing Pleadings and

Other Papers (a) Service: When Required. (1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party: (A) an order stating that service is required; (B) a pleading filed after the original complaint; (C) a discovery paper required to be served on a party, unless the court orders otherwise; (D) a written motion, except one that may be heard ex parte; and (E) a written appearance, notice, demand, or offer of judgment, or any similar paper. (2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under RCFC 4. (3) Seizing Property. [Not used.] (b) Service: How Made. (1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. (2) Service in General. A paper is served under this rule 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 a one conspicuous place in the office; or charge, in in is (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; (E) sending it to a registered user by filing it with the court’s electronic- filing system or sending it by other electronic means that the person consented to in writing—in either of which events service is complete upon filing or sending, but is not effective if the filer or sender learns that it did not reach the person to be served; or (F) 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. (3) Using Court Facilities. [Abrogated in FRCP.] (c) Serving Numerous Defendants. [Not used.] (d) Filing. (1) Required Filings; Certificate of Service. (A) Papers after the Complaint. Any paper after the complaint that is required to be served must be filed no later than a reasonable time after service. But disclosures under RCFC 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. (B) Certificate of 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 that is required to be served is served by other means: (i) if the paper is filed, a certificate of service must be filed with it or within a reasonable time after service; and (ii) if the paper is not filed, a certificate of service need not be filed unless filing is required by court order. (2) Nonelectronic Filing. A paper not filed electronically is filed by delivering it: (A) to the clerk; or (B) 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) Electronic Filing and Signing. (A) By a Represented Person— Generally Required; Exceptions. A person represented by an attorney must file electronically in the court’s electronic-filing system, unless non- electronic filing is allowed by the court for good cause or is otherwise allowed under Appendix E to these rules. (B) By an Unrepresented Person— When Allowed or Required. A person not represented by an attorney: (i) may file electronically by e-mail consistent with Appendix E to these rules; (ii) may file electronically in the court’s electronic-filing system only if allowed by court order; and 5 RCFC 5 cont. (iii) may be file to required electronically the court’s in electronic-filing system only by court order. (C) Signing. A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature. (D) Same as a Written Paper. A paper filed electronically is a written paper for purposes of these rules. (4) 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. (As revised and reissued May 1, 2002; as amended Nov. 15, 2007, Nov. 3, 2008, July 1, 2019, July 31, 2023.) Rules Committee Notes 2002 Revision The changes made to RCFC 5 were intended to bring the rule into closer conformity with FRCP 5. Thus, in addition to a change in sequence, changes in text include the following: First, the text of subdivision (b) has been modified to reflect the December 1, 2001, changes to the FRCP, which significantly affect organization and which also make possible consensual service by electronic means. In addition, the clause “but filing is not” has been deleted from the last sentence of that subdivision. The deleted language was not in conformity with the FRCP. Filing is not complete on mailing; filing is controlled by subdivisions (d) and (e) of this rule. Second, subdivision (e) adopts the language of the FRCP recognizing the appropriateness of permitting papers to be “filed, signed, or verified by electronic means that are consistent with technical standards, if any, that the Judicial Conference of the United States establishes.” It should be noted that no decision has yet been made by the court to implement electronic filing. Such a decision, when made, will be accomplished through an amendment to the rules. Until the issuance of such amendment, the clerk’s office will not accept electronic filings. Individual chambers, however, may allow counsel to transmit “courtesy” copies of filed documents by electronic means.* Third, subdivision (e) also adds the final sentence from FRCP 5(e) stating that “[t]he clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules.” The addition of this language to the rule was not intended to alter the court’s practice of treating all non-conforming complaints as filed upon receipt in the clerk’s office while referring other non-conforming papers received in the clerk’s office to a judge for instructions as to whether to permit their filing or to require counsel’s correction of the papers’ defects. Finally, former subdivision (e), titled “Proof of Service,” no longer appears in FRCP 5. In order to conform more closely to FRCP 5, former subdivision (e) was deleted from this rule and now appears as RCFC 5.1. ________________ *On March 17, 2003, the court adopted General Order No. 42A instituting an interim program requiring electronic filing for some cases. The court anticipates that electronic filing procedures will be incorporated into the rules. 2007 Amendment RCFC 5 has been amended to reflect the court’s requirement of filing by electronic means subject to reasonable exceptions. The amendment reflects the development of electronic filing and parallels a similar change in FRCP 5(e). 2008 Amendment The language of RCFC 5 has been amended to conform to the general restyling of the FRCP. In addition, the phrase “except one that may be heard ex parte” has been added to RCFC 5(a)(1)(D) to conform to the FRCP. 2019 Amendment RCFC 5 has been amended in accordance with the corresponding changes to FRCP 5 that became effective December 1, 2018. 2023 Amendment RCFC 5(d)(3) has been amended to clarify that a person represented by an attorney must file electronically in the court’s electronic-filing RCFC 5 cont. 6 system, and a person not represented by an attorney may file electronically via e-mail consistent with Appendix E to these rules but may file electronically in the court’s electronic-filing system only if allowed or required by court order.