Rule 24. Service Of Documents
Effective January 1, 2020
A. Required Service.
(1) Notice of Appeal. A party filing a Notice of Appeal shall contemporaneously serve a copy upon:
(a) all parties of record in the trial court or Administrative Agency;
(b) [reserved];
(c) [reserved];
(d) any persons identified in Rule 14.1, if applicable;
(e) the Attorney General in all Criminal Appeals and any appeals from a final judgment declaring a state statute unconstitutional in whole or in part;
(f) [reserved]; and,
(g) any other persons required by statute to be served.
(See Form # App.R. 9-1).
(2) Documents filed in the fifteen (15) day period following the filing of Notice of Appeal. A party filing any document in the fifteen (15) day period after a Notice of Appeal is filed shall contemporaneously serve a copy upon:
(a) all parties of record in the trial court or Administrative Agency;
(b) all parties of record who have filed a Notice of Appeal or an appearance with the Clerk;
(c) any persons seeking party status, and,
(d) any persons required by statute to be served.
(3) Other documents. Unless otherwise provided by these Rules, all other documents tendered to the Clerk for filing must contemporaneously be served upon:
(a) all parties of record who have filed a Notice of Appeal or an appearance with the Clerk;
(b) any persons seeking party status; and,
(c) any persons required by statute to be served.
(4) Appendix in Criminal Appeals. In criminal appeals only, any Appendix or Supplemental Appendix that is conventionally filed need not be served on the Attorney General. Appendices or Supplemental Appendices that are E-Filed in criminal appeals, however, shall be served on the Attorney General.
B. Time for Service.
A party shall serve a document no later than the date the document is filed or received for filing.
C. Manner and Date of Service.
All E-Filed documents will be deemed served when they are electronically served through the IEFS in accordance with Rule 68(F)(1). Documents exempted from E-Service will be deemed served when they are:
(1) personally delivered;
(2) deposited in the United States Mail, postage prepaid, properly addressed; or
(3) deposited with any third-party commercial carrier for delivery within three (3) calendar days, cost prepaid, properly addressed.
Parties appealing pursuant to Rule 14.1 must comply with the additional requirements found in that Rule.
D. Certificate of Service.
(1) Content. Anyone tendering a document to the Clerk for filing shall:
(a) certify that service has been made or will be made contemporaneously with the filing;
(b) specifically list the persons served by name;
(c) specify the date and means of service;
(d) include any information required by Rule 14.1, if applicable; and,
(e) if the document is a Notice of Appeal, certify the date on which the Notice of Appeal was filed with the Clerk. (See Form # App.R. 9-1).
(2) Placement. The certificate of service shall be placed at the end of the document and shall not be separately filed.