Title 9, Chapter 11, Section 5
( 9-11-5)
(a) Service -- When required. Except as otherwise provided in this
chapter, every order required by its terms to be served, every
pleading subsequent to the original complaint unless the court
otherwise orders because of numerous defendants, every written
motion other than one which may be heard ex parte, and every written
notice, appearance, demand, offer of judgment, and similar paper
shall be served upon each of the parties. However, the failure of a
party to file pleadings in an action shall be deemed to be a waiver
by him or her of all notices, including notices of time and place of
trial and entry of judgment, and all service in the action, except
service of pleadings asserting new or additional claims for relief,
which shall be served as provided by subsection (b) of this Code
section. (b) Same -- How made. Whenever under this chapter service is
required or permitted to be made upon a party represented by an
attorney, the service shall be made upon the 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. As used in this
Code section, the term "delivery of a copy" means handing it to the
attorney or to the party, or leaving it at his office with his clerk
or other person in charge thereof or, 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. Service by mail is complete upon
mailing. Proof of service may be made by certificate of an attorney
or of his employee, by written admission, by affidavit, or by other
proof satisfactory to the court. Failure to make proof of service
shall not affect the validity of service. (c) Same -- Numerous defendants. In any action in which there are
unusually large numbers of defendants, the court, upon motion or of
its own initiative, may order that service of the pleadings of the
defendants and replies thereto need not be made as between the
defendants, and that any cross-claim, counterclaim, or matter
constituting an avoidance or affirmative defense contained therein
shall be deemed to be denied or avoided by all other parties, and
that the filing of any such pleading and service thereof upon the
plaintiff constitutes due notice of it to the parties. A copy of
every such order shall be served upon the parties in such manner and
form as the court directs. (d) Filing. All papers after the complaint required to be served
upon a party shall be filed with the court within the time allowed
for service. (e) "Filing with the court" defined. The filing of pleadings and
other papers with the court as required by this chapter shall be
made by filing them with the clerk of the court, except that the
judge may permit the papers to be filed with him, in which event he
shall note thereon the filing date and forthwith transmit them to
the office of the clerk. |