4901-1-05 Service of pleadings and other papers.

(A) Unless otherwise ordered by the commission, the legal director, the deputy legal director, or an attorney examiner, all pleadings or papers filed with the commission subsequent to the original filing or commission entry initiating the proceeding shall be served upon all parties, no later than the date of filing. Such pleadings or other papers shall contain a certificate of service. The certificate of service shall state the date and manner of service, identify the names of the persons served, and be signed by the attorney or the party who files the document. The certificate of service for a document served by mail or personal service shall also include the address of the person served. The certificate of service for a document served by fax shall also include the fax number of the person to whom the document was transmitted. The certificate of service for a document served by e-mail shall also include the e-mail address of the person to whom the document was sent.

(B) If an e-filing is accepted by the docketing division, an e-mail notice of the filing will be sent by the commission's e-filing system to all persons who have electronically subscribed to the case. The e-mail notice will constitute service of the document upon the recipient. Upon receiving notice that an e-filing has been accepted by the docketing division, the filer shall serve copies of the document in accordance with this rule upon all other parties to the case who are not served via the e-mail notice. A person making an e-filing shall list in the certificate of service included with the e-filing the parties who will be served by e-mail notice by the commission's e-filing system and the parties who will be served by traditional methods by the person making the filing. The certificate of service for an e-filed document shall include the following notice: The PUCO's e-filing system will electronically serve notice of the filing of this document on the following parties: (list the names of the parties referenced on the service list of the docket card who have electronically subscribed to the case).

(C) If a party has entered an appearance through an attorney, service of pleadings or other papers shall be made upon the attorney instead of the party. If the party is represented by more than one attorney, service need be made only upon the "counsel of record" designated under rule 4901-1-08 of the Administrative Code. . If no counsel of record is listed for a party with multiple counsel then service shall be made on the first-listed counsel in the initial pleading.

(D) Service upon an attorney or party may be personal or by mail, by fax, or e-mail under the following conditions:

(1) Personal service is complete by delivery of the copy to the attorney or to a responsible person at the office of the attorney. Personal service to a party not represented by an attorney is complete by delivery to the party or to a responsible person at the address provided by the party in its pleadings.

(2) Service by mail to an attorney or party is complete by mailing a copy to his or her last known address. If the attorney or party to be served has previously filed and served one or more pleadings or documents in the proceeding, the term "last known address" means the address set forth in the most recent such pleading or document.

(3) Service of a document to an attorney or party by fax may be made only if the person to be served has consented to receive service of the document by fax. Service by fax is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served.

(4) Service of a document by e-mail to an attorney or party may be made only if the person to be served has consented to receive service of the document by e-mail. Service by e-mail is complete upon transmission, but is not effective if the serving party learns that it did not reach the person served'.

(E) For purposes of this rule, the term "party" includes, in addition to those identified in rule 4901-1-10 of the Administrative Code, all persons who have filed motions to intervene that are pending at the time a pleading or document is to be served, provided that the person serving the pleading or other document has been served with a copy of the motion to intervene.

(F) The commission or the legal director, deputy legal director, or attorney examiner may order in certain cases that pleadings or documents be served in a specific manner to expedite the exchange of information.

Effective: 06/15/2014
R.C. 119.032 review dates: 03/26/2014 and 03/26/2019
Promulgated Under: 111.15
Statutory Authority: 4901.13
Rule Amplifies: 4901.13 , 4901.18
Prior Effective Dates: 3/1/81, 12/25/87, 7/10/01, 5/7/07