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Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.20.304 Service of documents

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) The ALJ shall serve upon each party to the proceeding a copy of each document issued by the ALJ in it. The ALJ shall serve upon each interested person, as determined under § 20.404, a copy of the notice of hearing. Unless this part provides otherwise, the ALJ shall upon request furnish to each such interested person a copy of each document filed with the Hearing Docket Clerk or issued by the ALJ.

(b) Unless the ALJ orders otherwise, each person filing a document with the Hearing Docket Clerk shall serve upon each party a copy of it.

(c) If a party filing a document must serve a copy of it upon each party, each copy must bear a certificate of service, signed by or on behalf of the filing party, stating that she or he has so served it. The certificate shall be in substantially the following form:

I hereby certify that I have served the foregoing document[s] upon the following parties (or their designated representatives) to this proceeding at the addresses indicated by [specify the method]:

(1) [name, address of party]

(2) [name, address of party]

Done at __________, this ____ day of ______, 19__ or 20__.

[Signature]

For

[Capacity].

(d) This table describes how to serve filed documents.

Table 1 to § 20.304(d)—How To Serve Filed Documents

Type of filed document

Acceptable methods of service

(1) Complaint

(i) Certified mail, return receipt requested; Priority mail with signature confirmation; or Express Mail with signature confirmation.

(ii) Personal delivery.

(iii) Express-courier service that has receipt capability.

(2) Default motion

(i) Certified mail, return receipt requested; Priority mail with signature confirmation; or Express Mail with signature confirmation.

(ii) Personal delivery.

(iii) Express-courier service that has receipt capability.

(3) Answer

(i) Mail.

(ii) Personal delivery.

(iii) Express-courier service.

(iv) Fax.

(4) Any other filed document

(i) Mail.

(ii) Personal delivery.

(iii) Express-courier service.

(iv) Fax.

(v) Other electronic means (at the discretion of the ALJ).

(e)(1) Unless the ALJ orders otherwise, if a party files a document under § 20.302, the party must serve a copy to the person indicated in this table.

Table 1 to § 20.304(e)—Who Receives Copies of Filed Documents

If a party—

Then the serving party must serve—

Is represented․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

The counsel or other representative.

Is not represented․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

The party.

(2) Service upon counsel or representative constitutes service upon the person to be served.

(f) The serving party must send service copies to the address indicated in this table.

Table 1 to § 20.304(f)—Where To Send Service Copies

If the party—

Then the serving party must send the copies to—

Is represented․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

The address of the counsel or representative.

Is not represented․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

The last known address of the residence or principal place of business of the person to be served.

(g) This table describes when service of a filed document is complete.

Table 1 to § 20.304(g)—When Service Is Complete

If method of service used is—

Then service is complete when the document is—

(1) Personal delivery (Complaint or Default Motion)

(i) Handed to the person to be served.

(ii) Delivered to the person's office during business hours.

(iii) Delivered to the person's residence and service made to a person of suitable age and discretion residing at the individual's residence.

(2) Personal delivery (all other filed documents)

(i) Handed to the person to be served.

(ii) Delivered to the person's office during business hours.

(iii) Delivered to the person's residence and deposited in a conspicuous place.

(3) Certified Mail, Priority Mail, Express Mail, or express-courier (Complaint or Default Motion)

(i) Delivered to the person's residence and signed for by a person of suitable age and discretion residing at the individual's residence.

(ii) Delivered to the person's office during business hours and signed for by a person of suitable age and discretion.

(4) Mail or express-courier service (all other filed documents)

(i) Mailed (postmarked).

(ii) Deposited with express-courier service.

(5) Fax or other electronic means

Transmitted.

(h) If a person refuses to accept delivery of any document or fails to claim a properly addressed document other than a complaint sent under this subpart, the Coast Guard considers the document served anyway. Service is valid at the date and the time of mailing, of deposit with a contract service or express-courier service, or of refusal to accept delivery.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.20.304 Service of documents - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-20-304/

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