Iowa Administrative Code › Agency 721 - Secretary of State › Division II - Elections › Chapter 25 - Election Administration-administrative Complaint Procedure › Rule 721-25.16 - Service and Filing of Pleadings and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every pleading, motion, document, or
				other paper filed in a complaint proceeding and every paper relating to
				discovery in such a proceeding shall be served upon each of the parties of
				record to the proceeding simultaneously with their filing. Except for an
				application for rehearing as provided in Iowa Code section 17A.16(2), the party
				filing a document is responsible for service on all parties. Once a presiding
				officer has been assigned to a proceeding, copies of all motions or other
				written submissions shall also be served on the presiding officer.
(2)
Service-how made.
Service upon a party represented by an attorney shall be made upon the attorney
				unless otherwise ordered. Service is made by delivery or by mailing a copy to
				the person's last-known address. Service by mail is complete upon mailing,
				except where otherwise specifically provided by statute, rule, or
				order.
(3)
Filing-when
				required.
After the notice of hearing, all pleadings, motions,
				documents or other papers in a complaint proceeding shall be filed with the
				presiding officer. All pleadings, motions, documents or other papers that are
				required to be served upon a party shall be filed simultaneously with the
				presiding officer.
(4)
Filing-when made.
Except where otherwise provided by law, a
				document is deemed filed at the time it is received by the state commissioner
				of elections or the assigned presiding officer. If a document required to be
				filed within a prescribed period or on or before a particular date is received
				after such period or date, the document shall be deemed filed on the date it is
				mailed by first-class mail or state interoffice mail, so long as there is proof
				of mailing.
(5)
Proof of
				mailing.
Proof of mailing includes either a legible, nonmetered United
				States Postal Service postmark on the envelope, a certificate of service, a
				notarized affidavit, or a certification in substantially the following form:
I certify under penalty of perjury and pursuant to the laws
				  of Iowa that, on (date of mailing), I mailed copies of (describe document)
				  addressed to the (insert name of presiding officer) and to the names and
				  addresses of the parties listed below by depositing the same in (a United
				  States post office mailbox with correct postage properly affixed or state
				  interoffice mail).
(Date)__________(Signature)__________________
(6)
Electronic
				service.
The presiding officer may by order permit service or filing
				of particular documents by facsimile, E-mail or similar electronic means unless
				precluded by a provision of law. In the absence of such an order, facsimile or
				electronic transmission shall not satisfy service or filing requirements, but
				may be used to supplement service or filing when rapid notice is
				desirable.