Rule 5 Serving and Filing Pleadings and Other Documents

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, unless the court orders otherwise because there are numerous defendants;

(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 notice, appearance, demand, offer of judgment, designation of record on appeal, or similar document.

(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear, unless otherwise ordered by the court. But a pleading that asserts new or additional claims for relief against such a party must be served on that party under Rule 4.

(3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

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 one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with a competent person age 18 or older then residing therein;

(C) mailing it to the person’s last known address, or if attorney, to the attorney at the attorney’s registered address with the CNMI Bar Association or other state bar association. However, service by mail must not be permitted with respect to any document relating to a motion for which a hearing date has been fixed, or relating to a matter which has been set for trial, within 10 days of such hearing or trial date. Service is complete upon mailing;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means in accordance with the Commonwealth Rules for Electronic Filing and Services; or

(3) Notwithstanding the provisions of Rule 5(b)(1) and (2), service of an order which requires a person to appear before the court for any proceedings following the entry of a judgment may be served upon such persons under Rule 4(e).

(4) Due to the great distances between the Commonwealth and other United States states and territories, and due further to the time and date differences between the mainland United States, Hawaii, and the Northern Mariana Islands, an attorney who is admitted to practice in the Commonwealth but does not regularly maintain an office in the Commonwealth (“off-island counsel”) must associate as co-counsel with an attorney licensed in the Commonwealth who maintains an office in the Commonwealth and regularly practices before Commonwealth courts (“local counsel”). Local counsel must at all times meaningfully participate in the preparation and trial of the case with the full authority and responsibility to act as attorney of record for all purposes. Any document required or authorized to be served on counsel by these or any other rules may be served upon the local counsel, and such service will be deemed to be as effective as if served on the off-island counsel. Service upon local counsel must be deemed proper and effective service unless excused by the judge for good cause. Local counsel must attend and participate meaningfully in all proceedings related to the case, whenever necessary or required.

Service Numerous Defendants.

(1) In General. If an action involves an unusually large numbers of defendants, the court may, upon motion or on its own, order that:

(A) defendants’ pleadings and replies to them need not be served on other defendants;

(B) any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and

(C) filing any such pleading and serving it on the plaintiff constitutes notice of the pleadings to all parties.

(2) Notifying Parties. A copy of every such order must be served on the parties as the court directs.

Filing; Certificate of Service; Documents Not to Be Filed.

(1) All documents after the complaint required to be served upon a party, together with a certificate of service, must be filed with the court within a reasonable time after service, except as otherwise provided in Rule 4(d).

(2) The certificate of service must:

(A) show the date and manner of service; and

(B) may be made by written acknowledgment of service, a certificate made by a member of the Commonwealth bar, or an affidavit of the person who served the document.

(3) Failure to file proof of service does not affect the validity of the service. The burden of proving valid service, however, is on the party responsible for obtaining service of process.

(4) The following documents may not be filed, unless offered as relevant to the determination of an issue in a law and motion proceeding or other hearing, or is ordered to be filed for good cause:

(A) requests for production of documents and tangible things, and responses;

(B) requests for entry upon land for inspection, and responses;

(C) requests for physical and mental examination of persons, and responses;

(D) interrogatories, and responses;

(E) requests for admission, and responses; and

(F) notices of deposition upon oral examination or upon written questions.

(5) Unless the document served is a response, the original of any document served but not filed must be maintained with the original proof of service attached, by the party serving the document. The original of a response must be served, and it must be retained by the person upon whom it is served. All original documents must be retained until 6 months after the final disposition of the cause unless the court upon motion or for good cause orders any document to be preserved for a longer period.

Filing with the Court Defined. The filing of documents with the court as required by these rules must be made in accordance with the Commonwealth Rules for Electronic Filing and Services, unless:

(1) Filing with the Judge. The judge permits the documents to be filed with the court, in which event the judge must note the filing date and transmit them to the clerk. The clerk must not refuse to accept for filing any document presented for that purpose solely because it is not in proper form as required by these rules or any local rules or practices. Other means of service. Service may be completed by 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.

Service by the Court. The court may serve an attorney with orders, judgments, notices, or any other documents in accordance with the Commonwealth Rules for Electronic Filing and Service.

Serving a Party Appearing Pro Se. On application of a party, the court may order any party who is appearing without an attorney and who does not maintain an office or residence within the Commonwealth to effectuate service under Rule 5(b), to either:

(1) designate an address within the Commonwealth at which service can be made by delivery, or

(2) designate the clerk as a person authorized to receive service of all documents requiring service on the party. If designated to accept service for a party, the clerk, on receipt of documents served in this representative capacity, must transmit the documents to the party at the party’s last-known address.