8.4.15 CERTIFICATE OF SERVICE
Most courts require that litigants who serve papers on the court also certify that they have served copies of those documents on opposing counsel. In this way, the court ensures that all litigants have copies of all of the documents in the case.
Supreme Court Rule 29.3 specifies that “[a]ny document required by these Rules to be served may be served personally, by mail, or by third-party commercial carrier for delivery within 3 calendar days on each party to the proceeding at or before the time of filing.” Rule 29.5 specifies that “proof of service... shall accompany the document when it is presented to the Clerk for filing and shall be separate from it.” The rule specifies several methods of certifying service, including “a certificate of service, reciting the facts and circumstances of service... and signed by a member of the Bar of this Court representing the party on whose behalf service is made.”Federal Rule of Appellate Procedure 25(b) provides that “[u]nless a rule requires service by the clerk, a party must, at or before the time of filing a paper, serve a copy on the other parties to the appeal or review. Service on a party represented by counsel must be made on the party’s counsel.” Some courts may allow service of opposing counsel after the brief is filed with the court, while others require that counsel file a certificate indicating that such service has already been accomplished.
If you are filing electronically, you may be able to serve your opponent electronically as well. Once again, be sure to consult local rules, as electronic filing has added some wrinkles to the filing process. In some courts, only those who have registered with the court may use electronic filing services. Federal Rule of Appellate Procedure 25(c)(1)(D) provides that service may be made “by electronic means, if the party being served consents in writing.” Along those lines, the Third Circuit’s Local Appellate Rule 31.1(d) provides that “[a] party who is a Filing User as provided in L.A.R. Misc. 113.4 consents to electronic service of the brief through the court’s electronic docketing system (cm/ecf). Service by alternate means must be made on all parties who are not Filing Users. The certificate of service must note what method of service was used for each party served.” If your opponent is not able to receive electronic service, in other words, you may need to provide service using more traditional means. Be sure to find out service requirements well in advance of your filing deadline.
In general, the certificate of service should describe how service was accomplished. If you hand-deliver the document to opposing counsel’s office, the certificate should say so and list the address. If the brief is filed electronically, the certificate may be filed electronically as well; as always, consult local rules to find out the particulars. The sample briefs in Appendix C contain examples of a certificate of service.