Rule 39.Meaning of Service
Part IV. Service · Last amended January 1, 2019 · Last verified September 4, 2026
Full Text of Rule 39
Rule History
Added Aug. 30, 2018, effective Jan. 1, 2019.
Plain-English Summary
Rule 39 does not itself say how to serve anything. It sorts documents into three categories and sends each to the rule that governs it.
The general obligation
When filing a document with the court, a party must provide every other party with an exact copy of the filed document. How that copy must be provided depends on what it is.
The three categories
- The summons and petition -- or an order to appear and a petition -- are served on the respondent as required by Rule 41. This is original process: personal delivery, mail with restricted delivery, an authorized agent, and the alternative and publication methods that need court approval.
- Documents filed in the course of the case, after service of the summons and petition, are provided under Rule 43 -- the lighter regime that allows mail, electronic filing service providers, and delivery to counsel.
- Contempt petitions must be personally served by a person authorized to serve process on the individual named.
The contempt carve-out is the one to remember. A contempt petition is filed in an existing case, so a practitioner might expect Rule 43 to govern. It does not. Personal service by an authorized process server is required, because the relief sought can include arrest.
Acceptance
Section (b) allows a party to accept service of a summons and petition, or of a contempt petition, as provided in Rule 40(f)(1) -- which requires the acceptance to be in writing, signed, and filed, and to be signed before a notarial officer.
Frequently Asked Questions
Which rule governs service of the summons and petition?
Rule 39(a)(1) sends it to Rule 41. Rule 43 governs documents filed later in the case.
How must a contempt petition be served?
Rule 39(a)(3) requires contempt petitions to be personally served by a person authorized to serve process on the individual named in the petition. Mailing it under Rule 43 is not enough.
Do I have to send the other party a copy of everything I file?
Yes. Rule 39(a) requires a party filing a document to provide every other party with an exact copy, by the method that matches the type of document.
Can a party accept service instead of being served?
Rule 39(b) allows acceptance of service of a summons and petition or a contempt petition, as provided in Rule 40(f)(1).
Why does the rule distinguish an order to appear from a summons?
Rule 39(a)(1) treats them the same way for service purposes -- both go out under Rule 41. The difference between them is which petitions they accompany and whether a response is required, which Rule 23(b) and Rule 23(f) set out.