Fed. R. Crim. P. 49

(a) Service on a Party.

(1) What is Required. Each of the following must be served

on every party: any written motion (other than one to be

heard ex parte), written notice, designation of the record on

appeal, or similar paper.

(2) Serving a Party’s Attorney. Unless the court orders otherwise, when these rules or a court order requires or permits

service on a party represented by an attorney, service must be

made on the attorney instead of the party.

(3) Service by Electronic Means.

(A) Using the Court’s Electronic-Filing System. A party represented by an attorney may serve a paper on a registered

user by filing it with the court’s electronic-filing system.

A party not represented by an attorney may do so only if

allowed by court order or local rule. Service is complete

upon filing, but is not effective if the serving party learns

that it did not reach the person to be served.

65 Rule 49 FEDERAL RULES OF CRIMINAL PROCEDURE

(B) Using Other Electronic Means. A paper may be served

by any other electronic means that the person consented

to in writing. Service is complete upon transmission, but

is not effective if the serving party learns that it did not

reach the person to be served.

(4) Service by Nonelectronic Means. A paper may be served

by:

(A) handing it to the person;

(B) leaving it:

(i) 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

(ii) 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;

(C) mailing it to the person’s last known address—in

which event service is complete upon mailing;

(D) leaving it with the court clerk if the person has no

known address; or

(E) delivering it by any other means that the person consented to in writing—in which event service is complete

when the person making service delivers it to the agency

designated to make delivery.

(b) Filing.

(1) When Required; Certificate of Service. Any paper that is

required to be served must be filed no later than a reasonable

time after service. No certificate of service is required when a

paper is served by filing it with the court’s electronic-filing

system. When a paper is served by other means, a certificate

of service must be filed with it or within a reasonable time

after service or filing.

(2) Means of Filing.

(A) Electronically. A paper is filed electronically by filing

it with the court’s electronic-filing system. A filing made

through a person’s electronic-filing account and authorized by that person, together with the person’s name on a

signature block, constitutes the person’s signature. A

paper filed electronically is written or in writing under

these rules.

(B) Nonelectronically. A paper not filed electronically is

filed by delivering it:

(i) to the clerk; or

(ii) to a judge who agrees to accept it for filing, and

who must then note the filing date on the paper and

promptly send it to the clerk.

(3) Means Used by Represented and Unrepresented Parties.

(A) Represented Party. A party represented by an attorney must file electronically, unless nonelectronic filing is

allowed by the court for good cause or is allowed or required by local rule.

(B) Unrepresented Party. A party not represented by an

attorney must file nonelectronically, unless allowed to file

electronically by court order or local rule.

(4) Signature. Every written motion and other paper must be

signed by at least one attorney of record in the attorney’s

66 Rule 49.1 FEDERAL RULES OF CRIMINAL PROCEDURE

name—or by a person filing a paper if the person is not represented by an attorney. The paper must state the signer’s address, e-mail address, and telephone number. Unless a rule or

statute specifically states otherwise, a pleading need not be

verified or accompanied by an affidavit. The court must strike

an unsigned paper unless the omission is promptly corrected

after being called to the attorney’s or person’s attention.

(5) Acceptance by the Clerk. The clerk must not refuse to file

a paper solely because it is not in the form prescribed by these

rules or by a local rule or practice.

(c) Service and Filing by Nonparties. A nonparty may serve and

file a paper only if doing so is required or permitted by law. A

nonparty must serve every party as required by Rule 49(a), but

may use the court’s electronic-filing system only if allowed by

court order or local rule.

(d) Notice of a Court Order. When the court issues an order on

any post-arraignment motion, the clerk must serve notice of the

entry on each party as required by Rule 49(a). A party also may

serve notice of the entry by the same means. Except as Federal

Rule of Appellate Procedure 4(b) provides otherwise, the clerk’s

failure to give notice does not affect the time to appeal, or relieve—or authorize the court to relieve—a party’s failure to appeal

within the allowed time.

(As amended Feb. 28, 1966, eff. July 1, 1966; Dec. 4, 1967, eff. July

1, 1968; Apr. 29, 1985, eff. Aug. 1, 1985; Mar. 9, 1987, eff. Aug. 1, 1987;

Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr.

29, 2002, eff. Dec. 1, 2002; Apr. 26, 2011, eff. Dec. 1, 2011; Apr. 26, 2018,

eff. Dec. 1, 2018.)