Title 17, Chapter 1, Section 1
( 17-1-1)
(a) Unless otherwise provided by law or by order of the court, every
pleading subsequent to the entry of the initial indictment or
accusation upon which the defendant is to be tried; every order not
entered in open court; every written motion, unless it is one as to
which a hearing ex parte is authorized; and every written notice,
demand, and similar paper shall be served upon each party. (b)(1) Where service is required to be made, the service shall be
made upon the party's attorney unless service upon the party
himself is ordered by the court. Service upon the attorney or upon
a party shall be made by delivering a copy to him or by mailing it
to him at his last known address or, if no address is known, by
leaving it with the clerk of the court. (2) As used in this subsection, delivering a copy means: (A) Handing it to the attorney or to the party; (B) Leaving it at his office with his clerk or other person in
charge thereof; or (C) If the office is closed or the person to be served has no
office, leaving it at his dwelling house or usual place of abode
with some person of suitable age and discretion then residing
therein. (3) Service by mail shall be deemed complete upon mailing. (c) All original papers, copies of which are required to be served
upon parties, shall be filed with the court either before service or
immediately thereafter. (d) The filing of pleadings and other papers with the court shall be
made by filing them with the clerk of the court unless the judge
permits the papers to be filed with him, in which event he shall
note thereon the filing date and transmit them to the office of the
clerk. (e)(1) Proof of service may be made by certificate of an attorney
or of his employee, written admission, affidavit, or other proof
satisfactory to the court. Failure to make proof of service shall
not affect the validity of service. (2) When an attorney executes a certificate, which shall be
attached to the original of the paper to be served, certifying as
to the service thereof, the certificate shall be taken as
prima-facie proof of such service. (3) The certificate of service provided for in this subsection
shall read substantially as follows: Certificate of Service I do certify that (copy) (copies) hereof have been furnished to
(here insert name or names) by (delivery) (mail) this ______ day
of ______________, ____. ______________
Attorney |