Rule 1-321 - [Effective until 1/1/2025] Service of Pleadings and Papers Other than Original Pleadings(a) Generally. Except as otherwise provided in these rules or by order of court, every pleading and other paper filed after the original pleading shall be served upon each of the parties. If service is required or permitted to be made upon a party represented by an attorney, service shall be made upon the attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by delivery of a copy or by mailing it to the address most recently stated in a pleading or paper filed by the attorney or party, or if not stated, to the last known address. Delivery of a copy within this Rule means: handing it to the attorney or to the party; or leaving it at the office of the person to be served with an individual in charge; or, if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving it at the dwelling house or usual place of abode of that person with some individual of suitable age and discretion who is residing there. Service by mail is complete upon mailing.(b) Service After Entry of Limited Appearance. Every document required to be served upon a party's attorney that is to be served after entry of a limited appearance also shall be served upon the party and, unless the attorney's appearance has been stricken pursuant to Rules 2-132 or 3-132, upon the limited appearance attorney. Cross reference: See Rule 1-324 with respect to the sending of notices by a clerk when a limited appearance has been entered.
(c) Party in Default--Exceptions. No pleading or other paper after the original pleading need be served on a party in default for failure to appear except: (1) a pleading asserting a new or additional claim for relief against the party shall be served in accordance with the rules for service of original process; and(2) a request for entry of judgment arising out of an order of default under Rule 2-613 shall be served in accordance with section (a) of this Rule.(d) Requests to Clerk--Exception. A request directed to the clerk for the issuance of process or any writ need not be served on any party.(e) Proceedings to Modify Judgment in a Civil Action. If a motion, petition, or other paper that initiates proceedings to modify a judgment in a civil action is filed more than 30 days after entry of the judgment, it shall be served, together with a summons issued pursuant to Rule 2-114 or 3-114, as applicable, in accordance with the rules for service of an original pleading. Cross reference: For the time for filing a response to an original pleading, see Rules 2-321 and 3-307.
Committee note: A certificate of service under Rule 1-323 is not required when a motion, petition, or paper is treated as an original pleading pursuant to section (e) of this Rule.
This Rule is derived as follows:
Section (a) is derived from former Rule 306 a 1 and c and the 1980 version of Fed. R. Civ. P. 5(a).
Section (b) is new.
Section (c) is derived from former Rule 306 b and the 1980 version of Fed. R. Civ. P. 5(a).
Section (d) is new.
Section (e) is new.
Adopted April 6, 1984, eff. 7/1/1984. Amended Nov. 12, 2003, eff. 1/1/2004; 3/2/2015, eff. 7/1/2015; 12/7/2017, eff. 1/1/2016; 4/9/2018, eff. 7/1/2018.HISTORICAL NOTES
2003 Orders
The November 12, 2003, order amended the source note.
2015 Orders
The March 2, 2015, order added a new section (b) pertaining to service after entry of limited appearance and made stylistic changes.
The December 7, 2015, order, amended (c) to require service of a request for entry of judgment arising out of an order of default.
2018 Orders
The April 9, 2018 order added a new section (e) pertaining to proceedings to modify a judgment in a civil action, a cross reference, and a Committee note.