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It’s like serving discovery requests/answers. You don’t normally file the requests/answers on the docket (there may be some states that require it?) but you serve them, usually by email.
I would highly suggest you consult the relevant rules of the jurisdiction you are in. It may be as easy as an email, but sometimes (depending on the jurisdiction) email service requires an agreement among the parties. You’ll also likely need a proof of service.
sounds like a good question
Well, you would never serve a motion without filing it. A motion is a vehicle to ask the court to do something - so that would necessarily go to the court (i.e., you would “file” it). So you would serve the motion AND file it but you would never just serve a motion and not file the motion with the court (except in maybe circumstances where you’re required to give the other side a chance to informally meet and confer before involving the court-like a motion for sanctions). You can just serve things like discovery and responses thereto-as those are designed to occur without court involvement up until there is an impasse -then you “file” a MTC and “serve” a copy on OC). What qualifies as effective service depends on your jurisdiction.
You would if it’s a Rule 11 or similar and there’s a safe harbor provision
I’m a bankruptcy lawyer so I wouldn’t know. We have to file almost everything with the court. But I’d suggest you reach out to your legal assistant or a paralegal regarding this question. Sometimes I ask them the “embarrassing” questions and they are very resourceful!
If they’ve entered an appearance in the case, you can just email it. If not, you might need to perfect service.
In Maryland, you can serve documents through the electronic portal without filing them with the court (we do this for discovery requests and responses). But if you don’t know the particulars of your filing system, email should suffice.
Same in Texas
If both parties are registered for ECF and the local rules allow, sometimes you can serve electronically via ECF (this is how it is in state court where I practice), but usually you can serve via mail. You can also usually agree to electronic service via email. I’d send an electronic courtesy copy via email along with ECF/mail service if you don’t have an agreement to serve via email. Don’t forget the affidavit or certificate of service.
Typically when you sign up for e filing you give consent that when documents are filed they are deemed served. If you are not filing however just follow the service rules in your jx. In NY, for example, you can serve docs on an attorney through regular email.
Is this by chance related to discovery? Like a motion to compel where you are required to first give the opposing party a chance to rectify by sending the motion but not filing it? If so, it is as simple as emailing it, then waiting the number of days required to let them correct the deficiency and if they don’t then you file it with the court. In some jurisdictions you file a notice to the court that you have submitted the unfiled motion to opposing counsel.
Maybe the intent is to serve a proposed motion, "hey, I'm going to file this motion if we can't agree on xx"?