Rule 49 Service and Filing of Papers

Here's what this rule means for anyone involved in a criminal case in the Northern Mariana Islands.

When someone files a written motion, notice, or similar paper with the court, they usually have to give a copy to everyone else involved in the case. The exception is for things heard "ex parte," meaning requests made to the judge without the other side present. If a party has a lawyer, papers get sent to the lawyer instead of directly to the person, unless the court specifically says otherwise. The rules for how to actually deliver these papers (by mail, hand delivery, etc.) follow the same rules used in civil cases.

After arraignment, if the court makes a decision on a written motion, the court clerk has to let everyone know. The clerk can either mail a notice to each party or have them formally served with one. The clerk also has to write down in the case file how and when this notice was sent. This matters because if you're planning to appeal a decision, the clock usually starts ticking based on when the order was entered, not necessarily when you personally found out about it. So even if you never got the clerk's notice, you generally can't use that as an excuse for missing your appeal deadline, except in limited situations allowed by the appellate rules.

Finally, any paper that needs to be served on other parties also needs to be filed with the court itself. Filing works the same way it does in civil cases.