17-1-1. Filing and service of pleadings, motions, and other papers.

Unless otherwise provided by law or by order of the court, every pleading subsequent to the entry of the initial indictment or accusation upon which the defendant is to be tried; every order not entered in open court; every written motion, unless it is one as to which a hearing ex parte is authorized; and every written notice, demand, and similar paper shall be served upon each party.#

1. (1)

   Where service is required to be made, the service shall be made upon the party’s 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.#

2. (2)

   As used in this subsection, delivering a copy means:#

   1. (A)

      Handing it to the attorney or to the party;#

   2. (B)

      Leaving it at his office with his clerk or other person in charge thereof; or#

   3. (C)

      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.#

3. (3)

   Service by mail shall be deemed complete upon mailing.#

All original papers, copies of which are required to be served upon parties, shall be filed with the court either before service or immediately thereafter.#

The filing of pleadings and other papers with the court shall be made by filing them with the clerk of the court unless the judge permits the papers to be filed with him, in which event he shall note thereon the filing date and transmit them to the office of the clerk.#

1. (1)

   Proof of service may be made by certificate of an attorney or of his employee, written admission, affidavit, or other proof satisfactory to the court. Failure to make proof of service shall not affect the validity of service.#

2. (2)

   When an attorney executes a certificate, which shall be attached to the original of the paper to be served, certifying as to the service thereof, the certificate shall be taken as prima-facie proof of such service.#

3. (3)

   The certificate of service provided for in this subsection shall read substantially as follows:#

   1. Certificate of Service

   2. I do certify that (copy) (copies) hereof have been furnished to (here insert name or names) by (delivery) (mail) this

   3. day of , .

   4. Attorney