Rule 49 — Serving and Filing Papers

Fed. R. Crim. P. 49

• Source: Federal Rules of Criminal Procedure
• Rule: 49
• TITLE IX: GENERAL PROVISIONS
• Citation: Fed. R. Crim. P. 49

Text

(a) Service on a Party.
(1) What is Required. Each of the following must be served
on every party: any written motion (other than one to be
heard ex parte), written notice, designation of the record on
appeal, or similar paper.
(2) Serving a Party’s Attorney. Unless the court orders other-
wise, 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.
(3) Service by Electronic Means.
(A) Using the Court’s Electronic-Filing System. A party rep-
resented by an attorney may serve a paper on a registered
user by filing it with the court’s electronic-filing system.
A party not represented by an attorney may do so only if
allowed by court order or local rule. Service is complete
upon filing, but is not effective if the serving party learns
that it did not reach the person to be served.

(B) Using Other Electronic Means. A paper may be served
by any other electronic means that the person consented
to in writing. Service is complete upon transmission, but
is not effective if the serving party learns that it did not
reach the person to be served.
(4) Service by Nonelectronic Means. A paper may be served
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; or
(E) delivering it by any other means that the person con-
sented to in writing—in which event service is complete
when the person making service delivers it to the agency
designated to make delivery.
(b) Filing.
(1) When Required; Certificate of Service. Any paper that is
required to be served must be filed no later than a reasonable
time after 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 is served by other means, a certificate
of service must be filed with it or within a reasonable time
after service or filing.
(2) Means of Filing.
(A) Electronically. A paper is filed electronically by filing
it with the court’s electronic-filing system. A filing made
through a person’s electronic-filing account and author-
ized by that person, together with the person’s name on a
signature block, constitutes the person’s signature. A
paper filed electronically is written or in writing under
these rules.
(B) Nonelectronically. A paper not filed electronically is
filed by delivering it:
(i) to the clerk; or
(ii) 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.
(3) Means Used by Represented and Unrepresented Parties.
(A) Represented Party. A party represented by an attor-
ney must file electronically, unless nonelectronic filing is
allowed by the court for good cause or is allowed or re-
quired by local rule.
(B) Unrepresented Party. A party not represented by an
attorney must file nonelectronically, unless allowed to file
electronically by court order or local rule.
(4) Signature. Every written motion and other paper must be
signed by at least one attorney of record in the attorney’s
Rule 49.1 FEDERAL RULES OF CRIMINAL PROCEDURE 66
name—or by a person filing a paper if the person is not rep-
resented by an attorney. The paper must state the signer’s ad-
dress, e-mail address, and telephone number. Unless a rule or
statute specifically states otherwise, a pleading need not be
verified or accompanied by an affidavit. The court must strike
an unsigned paper unless the omission is promptly corrected
after being called to the attorney’s or person’s attention.
(5) 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.
(c) Service and Filing by Nonparties. A nonparty may serve and
file a paper only if doing so is required or permitted by law. A
nonparty must serve every party as required by Rule 49(a), but
may use the court’s electronic-filing system only if allowed by
court order or local rule.
(d) Notice of a Court Order. When the court issues an order on
any post-arraignment motion, the clerk must serve notice of the
entry on each party as required by Rule 49(a). A party also may
serve notice of the entry by the same means. Except as Federal
Rule of Appellate Procedure 4(b) provides otherwise, the clerk’s
failure to give notice does not affect the time to appeal, or re-
lieve—or authorize the court to relieve—a party’s failure to appeal
within the allowed time.

Advisory Committee Notes

(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July 1, 1968; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 26, 2018, eff. Dec. 1, 2018.)