Rule 3 Service; Computing Time
Rule Text
A Service. A party must provide to all other parties a copy of every writing sent to the court, with the exception of the original Complaint filed by a taxpayer, which is served by the court. See TCR-MD 1 C. Writings include, but are not limited to, letters, motions, and documents. A writing submitted to the court must be accompanied by a certificate of service or other evidence that the writing was provided to all parties.⁶ A document may not be filed if a certificate of service or other evidence of service is not included with your filing. Note: A party may not communicate with the court regarding substantive issues of the case without all parties or their representatives present.
A(1) Form of Service. Except for complaints, and unless otherwise provided by statute or rule, a response, motion, or other document may be served on all the other parties by personal delivery, United States Postal Service first class mail (mail), email, facsimile communication, or by service through the electronic filing system. A party serving via email should either obtain the opposing party’s advance consent to email service or obtain written confirmation that the email and any attachments were received. Any party must timely notify all other parties if contact information changes. Nothing in this rule changes the rules governing service of complaints. See TCR-MD 1 C.
A(2) Service Completed. Service is complete upon personal delivery in the manner provided by TCR 9 B(2) or upon transmission in a manner allowed by this rule.
A(3) Additional Time for Documents Served by Means Other Than Personal Service. Except for documents personally served on a party, whenever a party has the right or is required to do some act within a prescribed period after service of a document, three days will be added to the prescribed period. This rule does not apply to the period for filing a complaint in the Magistrate Division or filing an appeal to the Regular Division from the decision of the magistrate.
B Computing Time. The court follows TCR 10 A when computing a time period required or allowed by these rules, by statute, or by order of the court.