Rule 1.7 - Service and Filing of Pleadings and Certificate of Service(a) Service: When Required. Unless otherwise ordered by the court, any person filing a pleading, motion, or application to the court, except the initial pleading or an indictment, shall:(1) serve a correct copy of that pleading, motion, or application to the court on all attorneys of record in the case, and any unrepresented defendant, pursuant to section (b) of this rule; and(2) file with the court an original certificate of service certifying that a correct copy of the pleading, motion, or application to the court has been served on all attorneys of record in the case, and on any unrepresented defendant, pursuant to section (b) of this rule; stating the manner of service; and identifying on whom it was served.(b) Service How Made(1) Generally. Whenever under these Rules service is required or permitted to be made upon a party who is represented by an attorney of record in the proceedings, the service shall be made upon such attorney unless service upon the party is ordered by the court. Service upon the attorney or upon a party shall be made by: (A) personally handing a copy to the attorney/party;(B) transmitting it to the attorney/party by electronic means; or(C) mailing it to the attorney/party at the last known address. Service by electronic means is complete when the electronic equipment being used by the attorney or party being served acknowledges receipt of the material. If the equipment used by the attorney or party being served does not automatically acknowledge the transmission, service is not complete until the sending party obtains an acknowledgment from the recipient. Service by mail is complete upon mailing.
(2) Electronic Court System Service. Where a court has, by local rule, adopted the Mississippi Electronic Court System, service which is required or permitted under these Rules shall be made in conformity with the Mississippi Electronic Court System procedures.(c) Filing With the Court Defined.(1) Generally. The filing of pleadings and other papers with the court as required by these Rules shall be made by filing them with the clerk of the court, except that the judge may permit the papers to be filed with the judge, in which event the judge shall note thereon the filing date and forthwith transmit them to the office of the clerk.(2) Electronic Filing. A court may, by local rule, allow pleadings and other papers to be filed, signed, or verified by electronic means in conformity with the Mississippi Electronic Court System procedures. Pleadings and other papers filed electronically in compliance with the procedures are written papers for purposes of these Rules.Comment
Rule 1.7(a) carries forward applicable provisions of former Rule 2.06 of the Uniform Rules of Circuit and County Court. Sections (b) and (c) track provisions in Rule 5(b) and (e) of the Mississippi Rules of Civil Procedure.