Rule 13. Filing and Service

(A) Filing Documents required or permitted to be filed in a court of appeals shall be filed with the clerk. Filing may be accomplished by mail addressed to the clerk, but filing shall not be timely unless the documents are received by the clerk within the time fixed for filing, except that briefs shall be deemed filed on the day of mailing. If a motion requests relief which may be granted by a single judge, the judge may permit the motion to be filed with the judge, in which event the judge shall note the filing date on the motion and transmit it to the clerk. A court may provide, by local rules adopted pursuant to the Rules of Superintendence, for the filing of documents by electronic means. If the court adopts such local rules, they shall include all of the following:

(1) Any signature on electronically transmitted documents shall be considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall order the filing stricken.

(2) A provision shall specify the days and hours during which electronically transmitted documents will be received by the court, and a provision shall specify when documents received electronically will be considered to have been filed.

(3) Any document filed electronically that requires a filing fee may be rejected by the clerk of court unless the filer has complied with the mechanism established by the court for the payment of filing fees.

(B) Service of all documents required Copies of all documents filed by any party and not required by these rules to be served by the clerk shall, on or before the day of filing, be served by a party or person acting for the party on all other parties to the appeal as provided in division (C) of this rule, except that in expedited appeals under App.R. 11.2 and in original actions involving election issues, service of all documents (except the complaint filed to institute an original action) shall be in accordance with division (C)(1), (2), (5), or (6) at or before the time of filing. Service on a party represented by counsel shall be made on counsel.

(C) Manner of service A document is served under this rule by:

(1) Handing it to the person;

(2) Leaving it:

(a) At the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(b) If the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(3) Mailing it to the person's last known address by United States mail, in which event service is complete upon mailing;

(4) Delivering it to a commercial carrier service for delivery to the person's last known address within three calendar days, in which event service is complete upon delivery to the carrier;

(5) Leaving it with the clerk of court if the person has no known address; or

(6) Sending it by electronic means to the most recent facsimile number or e- mail address listed by the intended recipient on a prior court filing (including a filing in the lower court) in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served.

(D) Using court facilities If a local rule so authorizes, a party may use the court's transmission facilities to make service under App.R. 13(C)(6).

(E) Proof of service Documents presented for filing shall contain an acknowledgment of service by the person served or proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service. Documents filed with the court shall not be considered until proof of service is endorsed on the documents or separately filed.