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Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 506

previous next Effective - 28 Aug 1943bottom

  506.100.  How papers shall be served. — 1.  Every pleading subsequent to the original petition, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper which by statute, court rule or order is required to be served, shall be served upon each of the parties affected thereby, but no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service summons in this code.

  2.  Whenever under this code service is required or permitted to be made upon a party represented by an attorney of record the service shall be made upon the attorney unless service upon the party himself is ordered by the court.  The service may be made

  (1)  Upon the attorney or a party, by delivering a copy to him;

  (2)  Upon the attorney, by leaving a copy at his office with his clerk or with an attorney employed by or associated with the attorney to be served;

  (3)  Upon a party, by leaving a copy at his usual place of abode with some person of his family over the age of fifteen years.

  3.  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 crossclaim, 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.

  4.  All papers after the petition required to be served upon a party shall be filed with the court either before service or within five days thereafter.

  5.  The filing of pleadings and other papers with the court as required by this code shall be made by filing them with the clerk of the court except that a 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.

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(L. 1943 p. 353 § 5)


---- end of effective   28 Aug 1943 ----

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