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Rule 21a. Notice (1971)

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 Post Office Department. 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 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. If the time of service is not elsewhere prescribed, the adverse party is entitled to three days' notice of a motion not relating to a pending suit. 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 21, 1970, eff. Jan. 1, 1971: The second and third sentences have been added to make service by mail complete upon proper deposit in the mail and to enlarge the time for acting after service by mail; the sentence formerly providing for notice of a motion by filing and entry on the motion docket has been eliminated.

Prior Amendments Future Amendments
Aug. 18, 1947, eff. Dec. 31, 1947 Oct. 3, 1972, eff. Feb. 1, 1973
  July 11, 1977, eff. Jan. 1, 1978
  June 10, 1980, eff. Jan. 1, 1981
  Dec. 5, 1983, eff. April 1, 1984
  April 24, 1990, eff. Sept. 1, 1990