Rule 5. Serving and Filing Pleadings and Other Papers
a. Service: When Required.
1. In General. Unless these rules provide otherwise, each of the following papers must be served on every party:
A. an order stating that service is required;
B. a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;
C. a discovery paper required to be served on a party, unless the court orders otherwise;
D. a written motion, except one that may be heard ex parte; and
E. a written notice, appearance, demand, or offer of judgment, or any similar paper.
2. If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.
3. Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.
b. Service: How Made.
1. Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.
2. Service in General. A paper is served under this rule by:
A. handing it to the person;
B. leaving it:
i. 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
ii. 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;
C. mailing it to the person’s last known address—in which event service is complete upon mailing;
D. leaving it with the court clerk if the person has no known address;
E. sending it to a registered user by filing it with the court’s electronic- filing system or sending it by other electronic means that the person consented to in writing—in either of which events service is complete upon filing or sending, but is not effective if the filer or sender learns that it did not reach the person to be served; or
F. delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agency designated to make delivery.
3. [Abrogated.]
c. Serving Numerous Defendants.
1. In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:
A. defendants’ pleadings and replies to them need not be served on other defendants;
B. any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and
C. filing any such pleading and serving it on the plaintiff constitutes notice of the pleading to all parties.
2. Notifying Parties. A copy of every such order must be served on the parties as the court directs.
d. Filing.
1. Required Filings; Certificate of Service.
A. Papers after the Complaint. Any paper after the complaint that is required to be served must be filed no later than a reasonable time after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.
B. Certificate of Service. No certificate of service is required when a paper is served by filing it with the court’s electronic-filing system. When a paper that is required to be served is served by other means:
i. if the paper is filed, a certificate of service must be filed with it or within a reasonable time after service; and
ii. if the paper is not filed, a certificate of service need not be filed unless filing is required by court order or by local rule.
3. Nonelectronic Filing. A paper not filed electronically is filed by delivering it:
B. to the clerk; or
C. to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.
1. Electronic Filing and Signing.
. By a Represented Person—Generally Required; Exceptions. A person represented by an attorney must file electronically, unless nonelectronic filing is allowed by the court for good cause or is allowed or required by local rule.
A. By an Unrepresented Person—When Allowed or Required. A person not represented by an attorney
. may file electronically only if allowed by court order or by local rule; and
i. may be required to file electronically only by court order, or by a local rule that includes reasonable exceptions.
B. Signing. A filing made through a person’s electronic-filing account and authorized by that person, together with that person’s name on a signature block, constitutes the person’s signature.
C. Same as a Written Paper. A paper filed electronically is a written paper for purposes of these rules.
1. Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.
Rule 5.1. Constitutional Challenge to a Statute—Notice, Certification, and Intervention
a. Notice by a Party. A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly:
1. file a notice of constitutional question stating the question and identifying the paper that raises it, if:
A. a federal statute is questioned and the parties do not include the United States, one of its agencies, or one of its officers or employees in an official capacity; or
B. a state statute is questioned and the parties do not include the state, one of its agencies, or one of its officers or employees in an official capacity; and
2. serve the notice and paper on the Attorney General of the United States if a federal statute is questioned—or on the state attorney general if a state statute is questioned—either by certified or registered mail or by sending it to an electronic address designated by the attorney general for this purpose.
b. Certification by the Court. The court must, under 28 U.S.C. §2403, certify to the appropriate attorney general that a statute has been questioned.
c. Intervention; Final Decision on the Merits. Unless the court sets a later time, the attorney general may intervene within 60 days after the notice is filed or after the court certifies the challenge, whichever is earlier. Before the time to intervene expires, the court may reject the constitutional challenge, but may not enter a final judgment holding the statute unconstitutional.
d. No Forfeiture. A party’s failure to file and serve the notice, or the court’s failure to certify, does not forfeit a constitutional claim or defense that is otherwise timely asserted.
Rule 5.2. Privacy Protection for Filings Made with the Court
a. Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual’s social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:
1. the last four digits of the social-security number and taxpayer- identification number;
2. the year of the individual’s birth;
3. the minor’s initials; and
4. the last four digits of the financial-account number.
b. Exemptions from the Redaction Requirement. The redaction requirement does not apply to the following:
1. a financial-account number that identifies the property allegedly subject to forfeiture in a forfeiture proceeding;
2. the record of an administrative or agency proceeding;
3. the official record of a state-court proceeding;
4. the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed;
5. a filing covered by Rule 5.2(c) or (d); and
6. a pro se filing in an action brought under 28 U.S.C. §§2241, 2254, or 2255.
c. Limitations on Remote Access to Electronic Files; Social-Security Appeals and Immigration Cases. Unless the court orders otherwise, in an action for benefits under the Social Security Act, and in an action or proceeding relating to an order of removal, to relief from removal, or to immigration benefits or detention, access to an electronic file is authorized as follows:
1. the parties and their attorneys may have remote electronic access to any part of the case file, including the administrative record;
2. any other person may have electronic access to the full record at the courthouse, but may have remote electronic access only to:
A. the docket maintained by the court; and
B. an opinion, order, judgment, or other disposition of the court, but not any other part of the case file or the administrative record.
d. Filings Made Under Seal. The court may order that a filing be made under seal without redaction. The court may later unseal the filing or order the person who made the filing to file a redacted version for the public record.
e. Protective Orders. For good cause, the court may by order in a case:
1. require redaction of additional information; or
2. limit or prohibit a nonparty’s remote electronic access to a document filed with the court.
f. Option for Additional Unredacted Filing Under Seal. A person making a redacted filing may also file an unredacted copy under seal. The court must retain the unredacted copy as part of the record.
g. Option for Filing a Reference List. A filing that contains redacted information may be filed together with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list must be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information.
h. Waiver of Protection of Identifiers. A person waives the protection of Rule 5.2(a) as to the person’s own information by filing it without redaction and not under seal.