RULE 21. SERVICE OF PAPERS
- (a) When Required: Except as otherwise required by these Rules
or directed by the Court, all pleadings, motions, orders,
decisions, notices, demands, briefs, appearances, or other similar
documents or papers relating to a case, including a disciplinary
matter under Rule 202, also referred to
as the papers in a case, shall be served on each of the parties or
other persons involved in the matter to which the paper relates
other than the party who filed the paper.
- (b) Manner of Service:
- (1) General. All petitions shall be served by the Clerk. All
other papers required to be served on a party shall also be served
by the Clerk unless otherwise provided in these Rules or directed
by the Court, or unless the original paper is filed with a
certificate by a party or a party's counsel that service of that
paper has been made on the party to be served or such party's
counsel. For the form of such certificate of service, see Form 10, Appendix I. Such service may be
made by mail directed to the party or the party's counsel at such
person's last known address. Service by mail is complete upon
mailing, and the date of such mailing shall be the date of such
service. As an alternative to service by mail, service may be made
by delivery to a party, or a party's counsel or authorized
representative in the case of a party other than an individual (see
Rule 24(b)). Service shall be made on
the Commissioner by service on, or directed to, the Commissioner's
counsel at the office address shown in the Commissioner's answer
filed in the case or, if no answer has been filed, on the Chief
Counsel, Internal Revenue Service, Washington, D.C. 20224. Service
on a person other than a party shall be made in the same manner as
service on a party, except as otherwise provided in these Rules or
directed by the Court. In cases consolidated pursuant to Rule 141, a party making direct service of a
paper shall serve each of the other parties or counsel for each of
the other parties, and the original and copies thereof required to
be filed with the Court shall each have a certificate of service
attached.
- (2) Counsel of Record: Whenever under these Rules service is
required or permitted to be made upon a party represented by
counsel who has entered an appearance, service shall be made upon
such counsel unless service upon the party is directed by the
Court. Where more than one counsel appear for a party, service will
be made only on that counsel whose appearance was first entered of
record, unless that counsel notifies the Court, by a designation of
counsel to receive service filed with the Court, that other counsel
of record is to receive service, in which event service will be
made only on the person so designated.
- (3) Writs and Process: Service and execution of writs, process,
or similar directives of the Court may be made by a United States
marshal, by a deputy marshal, or by a person specially appointed by
the Court for that purpose, except that a subpoena may be served as
provided in Rule 147(c). The person
making service shall make proof thereof to the Court promptly and
in any event within the time in which the person served must
respond. Failure to make proof of service does not affect the
validity of the service.
- (4) Change of Address: The Court shall be promptly notified, by
a notice of change of address filed with the Court, of the change
of mailing address of any party, any party's counsel, or any
party's duly authorized representative in the case of a party other
than an individual (see Rule 24(a)(2),
(a)(3), (b), and (d)). A separate notice of change of address
shall be filed for each docket number.
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