Rule 120 - Providing Documents to Other Parties ("Serving Documents") After the Summons and Complainta.Application of this rule. There are two types of service under these rules. Service of a summons and complaint, or service of a summons and a third-party complaint, must be completed as required by Rule 113. The other type of service concerns documents filed with the court after service of the summons and complaint or a third-party complaint; this type of service requires that documents be provided to the other parties as stated in this Rule 120. [ARCP 5(a)] b.General rule. A complete and exact copy of every document that is filed with the court must be provided to every other party in the lawsuit ("served") before or promptly after the document is filed, by one of the following methods: (1) Hand-delivery to the other party;(2) Hand-delivery to the other party's place of business and leaving the document with an individual in charge, or if no one is in charge, by leaving the document in a conspicuous place at the other party's business;(3) If the other party has no place of business, hand-delivery to the other party's residence, by leaving the document with someone of suitable age and discretion who lives there;(4) Mailing the document via first-class U.S. mail to the other party's last known address; or by using any type of professional delivery service that produces a written confirmation of delivery; (5) Delivering the document by any other means, including electronic means other than that described in Rule 120(b)(6), if the party who is receiving the document consents in writing, electronically, or through a court's electronic filing system to that method of service, or if the court orders service by that method; or(6) Transmitting it through an electronic filing service provider approved by the Administrative Office of the Courts as provided in ACJA § 1-901. Copies of documents to parties in default, as defined in Rule 140, must be provided as required by Rule 140. [ARCP 5(a), 5(c)(2)]
c.Party represented by an attorney. If an attorney represents the other party, service under this rule must be made on the attorney unless the court orders service on the party. [ARCP 5(c)(1)] d.Noting the method of service. On the last page of a document that is filed with the court, the party who is serving a document under sections (b) and (c) must state the date and method used to serve the other parties. For first class mailing, the date stated must be the date that it was deposited in the mail with first class postage. A statement of service may be in the following form: "A copy has been or will be mailed/e-mailed/hand-delivered [select one]
"on [insert date] to:
"Name of opposing party or attorney
"Address of opposing party or attorney"[ARCP 5(c)(3)]
e.Service of a motion after entry of judgment. Service of a motion that requests that a judgment be modified, vacated, or enforced must be served on the other party as if serving a summons and complaint under Rule 113. [ARCP 5(c)(4)] f.Documents that are not filed with the court. Copies of the following documents must be served on every party as required by this rule, but are not filed with the court unless the court requests:(2) Discovery requests and responses, including notices of depositions, interrogatories, requests for production, and requests for admissions, and responses to these requests;(3) Disclosure statements. [ARCP 5(g)(2)] g.Notices. Rules 123(c), 124(b), 125(b), 126(b), 126(c), 128(c), and 129(c), specify certain notices with mandatory language, including language that describes limits on the length of depositions, the number of discovery requests allowed, and other requirements. The limits and the other requirements contained in these notices are mandatory and binding absent a court order modifying them.Just. Ct. R. Civ. proc. 120
Adopted Aug. 30, 2012, effective 1/1/2013. Amended on an emergency basis 2/13/2013, effective 2/13/2013, amendment adopted on a permanent basis8/28/2013; amended August 22, 2024, effective 8/22/2024.