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December 2010 CIVIL PROCEDURE Ch 1, p.25
1.441(4) Response to amendments. A party shall plead in response to an amended pleading within
the time remaining for response to the original pleading or within ten days after service of the amended
pleading, whichever is longer, unless the court otherwise orders.
1.441(5) Shortening time. The court may order any motion or pleading to be filed within a shorter
time than specified above.
1.441(6) Extending time. For good cause, but not ex parte, the court may extend the time to answer
or reply for not more than 30 days beyond the times above specified. For good cause but not ex parte,
and upon such terms as the court prescribes, the court may grant a party the right to file an answer or
reply where the time to file same has expired.
1.441(7) Notice of removal to federal court. The filing of a notice of removal to the federal court
shall suspend the jurisdiction of the state court until an order of the federal court, remanding the
cause, or determining that the removal has not been perfected, is filed in the state court. Thereupon,
the times fixed for motions or pleadings shall begin anew.
[Report October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.442 Service and filing of pleadings and other papers.
1.442(1) When service is required. Unless the court otherwise orders, everything required to be
filed by the rules in this chapter; every order required by its terms to be served; every pleading
subsequent to the original petition; every paper relating to discovery; every written motion including
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. No service need be made on any party
against whom a default has been entered except that pleadings asserting new or additional claims for
relief against the party shall be served upon the party in the manner provided for service of original
notice in rule 1.305. In an action begun by seizure of property, in which no person need be or is named
as defendant, any service required to be made prior to the filing of an answer, claim, or appearance
shall be made upon the person having custody or possession of the property at the time of its seizure.
1.442(2) How service is made. Service upon a party represented by an attorney shall be made
upon the attorney unless service upon the party is ordered by the court. Service on an attorney who
has made a limited appearance for a party shall constitute valid service on the represented party only in
connection with the specific proceedings for which the attorney has appeared, including any hearing
or trial at which the attorney appeared. Service shall be made by delivering, mailing, or transmitting
by fax (facsimile) a copy to the attorney or to the party at the attorney’s or party’s last known address
or, if no address is known, by leaving it with the clerk of court. Delivery within this rule means:
handing it to the attorney or to the party; leaving it at the attorney’s or party’s office; or, if the office
is closed or the person to be served has no office, leaving it at the attorney’s or party’s dwelling house
or usual place of abode with some person of suitable age and discretion residing therein. Service by
mail is complete upon mailing.
Service may also be made upon a party or attorney by electronic mail (e-mail) if the person consents
in writing in that case to be served in that manner. The written consent shall specify the e-mail address
for such service. The written consent may be withdrawn by written notice served on all other parties
or attorneys. Service by electronic means is complete upon transmission, unless the party making
service learns that the attempted service did not reach the person to be served.
1.442(3) 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.
1.442(4) Filing. Except as provided in rule 1.502, all papers after the petition required to be served
upon a party shall be filed with the court either before service or within a reasonable time thereafter;
however, no party shall file legal briefs or memoranda, except in support of or resistance to a motion
for summary judgment, unless expressly ordered by the court. Such briefs and memoranda shall be
served upon the parties with an original copy delivered to the presiding judge. The party submitting
the legal brief or memoranda shall file a statement certifying compliance with this rule. Whenever
these rules or the rules of appellate procedure require a filing with the district court or its clerk within
a certain time, the time requirement shall be tolled when service is made, provided the actual filing
is done within a reasonable time thereafter.