Rule 13 Filing and Service

(A) Filing with the clerk or a single judge The filing in the court of appeals of any document required or permitted is accomplished by filing the document with the clerk of the court of appeals in the county where the case originated. Documents sent to the court itself, to any of the court’s offices, to the court’s administrator, or to a clerk other than the clerk of the court of appeals in the county where the case originated are not considered filed and will not be addressed by the court. If a motion requests relief that may be granted by a single judge, the judge may permit the motion to be filed with the judge, in which event the judge must note the filing date on the motion and must transmit it to the clerk.

(B) Methods of filing and timeliness

(1) Nonelectronic Filing. Filing may be accomplished by hand-delivery to the clerk, by first-class mail addressed to the clerk, or by commercial carrier for delivery to the clerk, but filing is not timely unless the clerk receives the document within the time fixed for filing. A brief, however, is deemed filed on the day when the brief is (a) mailed to the clerk by first-class mail with postage prepaid or by other class of mail that is at least as expeditious with postage prepaid; or (b) delivered to a commercial carrier for delivery to the clerk within three days.

(2) Electronic Filing. A court may provide, by local rules adopted under the Rules of Superintendence, for the filing of documents by electronic means. If the court adopts such local rules, they must include the following terms:

(a) Any signature on an electronically transmitted document is considered that of the attorney or party it purports to be. If it is established that the document was transmitted without authority, the court will strike it.

(b) The days and hours when electronically transmitted documents will be received by the court must be specified, and the court must also specify when documents received electronically will be considered to have been filed.

(c) Any document filed electronically that requires a filing fee may be rejected by the clerk unless the filer has complied with the mechanism established by the court for the payment of filing fees.

(C) Service is required of all documents Copies of all documents filed by any party and not required by these rules to be served by the clerk must be served by a party or person acting for the party on all other parties to the appeal as provided in division (D) of this rule, except that in expedited appeals under App.R. 11.2 and in original actions involving election issues, service of all documents (except the complaint filed to institute an original action) must be in accordance with division (D)(1), (2), (5), (6), or (7). Service on a party represented by counsel must be made by serving that counsel.

(D) Manner of service A document can be served under this rule in any of the following ways:

(1) Handing it to the person;

(2) Leaving it:

(a) 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

(b) 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;

(3) Mailing it to the person’s last known address by first-class mail with postage prepaid or by other class of mail that is at least as expeditious with postage prepaid, in which event service is complete upon mailing;

(4) Delivering it to a commercial carrier service for delivery to the person’s last known address within three calendar days, in which event service is complete upon delivery to the carrier;

(5) Leaving it with the clerk if the person has no known address;

(6) Sending it to the most recent fax number or e-mail address listed by the intended recipient on a prior court filing (including a filing in the trial court or administrative agency) in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served; or

(7) Using the electronic-filing system, if any, of the clerk, but only if the serving of documents is a function provided by that e-filing system.

(E) Time of service Service must be made at or before the time of filing. The serving party is not responsible, however, for the timing of service of a document accepted by the clerk under App.R. 13(D)(7). If the serving party has reason to believe that a party entitled to service was not served by the clerk under division (D)(7), the serving party must promptly serve the document in accordance with division (D)(1), (2), (3), (4), or (6).

(F) Proof of service A document presented for filing must contain either an acknowledgment of service by the person served or proof of service consisting of a statement by the person who made service certifying the date and manner of service and the names of the persons served. For each person served, the division of App.R. 13(D) through which service was made must be identified, and the mail or electronic address, fax number, or address of the place of delivery must be listed.