Rule 49 Serving and Filing Papers
Rule Text
(a) When Required. A party must serve on every other party any written motion (other than one to be heard ex parte), opposition, written notice, designation of the record on appeal, or other paper submitted to the court. Any motion requesting affirmative relief should by accompanied by a proposed order for execution by the court.
(b) How Made. Service must be made in the manner provided for in a civil action. When these rules or a court order requires or permits service on a party represented by an attorney, service must be made on the attorney instead of the party, unless the court orders otherwise.
(c) Notice of a Court Order.
(1) In all cases where a party or the party's attorney is not present, immediately upon the entry of an order on a post-arraignment motion, the clerk must serve on each party a notice of the entry of the order and must make a note in the docket of the service. Service must be made in the manner provided for in a civil action. A party's lack of notice of the entry of the order does not affect the time to appeal, or relieve—or authorize the court to relieve—the party's failure to appeal within the time allowed, except as permitted by the Rules of the Supreme Court of the Virgin Islands.
(2) Nothing in this rule shall preclude a judge or magistrate judge or an authorized staff member from performing the function of the clerk prescribed in Rule 49(c)(1).
(d) Filing. A party must file with the court a copy of any paper the party is required to serve. A paper must be filed in a manner provided for in a civil action.
(e) Electronic Service and Filing. Reserved.
Effective December 1, 2017 (Promulgation Order 2017-010)