Back to Main Page / Back to List of Rules

Rule 21a. Notice (1978)

TEXT

Every notice required by these rules, other than the citation to be served upon the filing of a cause of action and except as otherwise expressly provided in these rules, may be served by delivering a copy of the notice or of the document to be served, as the case may be, to the party to be served, or his duly authorized agent, or his attorney of record, either in person or by registered mail to his last known address, or it may be given in such other manner as the court in its discretion may direct Service by mail shall be complete upon deposit of the paper, enclosed in a postpaid, properly addressed wrapper, in a post office or official depository under the care and custody of the United States Postal Service. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three days shall be added to the prescribed period. It may be served by a party to the suit or his attorney of record, or by the proper sheriff, or constable, or by any other person competent to testify. A written statement by an attorney of record, or the return of the officer, or the affidavit of any other person showing service of a notice shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from offering proof that the notice or document was not received, or, if service was by mail, that it was not received within three days from the date of deposit in a post office or official depository under the care and custody of the United States Postal Service, and upon so finding, the Court may extend the time for taking the action required of such party or grant such other relief as it deems just. If the time of service is not elsewhere prescribed, the adverse party is entitled to three days' notice of a motion. The provisions hereof relating to the method of service of notice are cumu­lative of all other methods of service prescribed by these rules.

Amended by order of July 11, 1977, eff. Jan. 1, 1978: The phrase "not relating to a pending suit" in the next to last sentence is deleted.