Rule 9-4. Pleadings

Rule 9-4. Pleadings

   A. Pro se litigants may submit handwritten pleadings. Such pleadings shall be in ink and shall not contain erasures or interlineations materially defacing the pleading.

   B. All pleadings shall have a 1½-inch margin at the top of each page.

   C. Pleadings submitted by a pro se party shall contain the name, address, and telephone number of the pro se party offering the pleading.

   D. After filing of the initial pleading, copies of all other pleadings shall be served upon all parties of record or, if represented, upon the attorney, and the pleading shall contain proof of service.

   E. Proof of Service of Papers. Except as otherwise provided by statute, or by order of the court, proof of service of any pleading, motion, or other paper required to be served shall be made by (1) a certificate by or on behalf of counsel showing the name and address of any party on whom service was had, (2) written receipt of the opposing party or his or her attorney, (3) affidavit of the person making service, (4) return of the county sheriff, or (5) other proof satisfactory to the court. Failure to make proof of service will not affect the validity of the service, and the court may at any time allow the proof of service to be amended or supplied unless it clearly appears that to do so would result in material prejudice to substantial rights of any party.

   F. Additional Parties. In no case after the complaint or other pleading has been filed shall any party, plaintiff or defendant, be added to such action without first obtaining an order of the court granting such leave.

   G. Amendments. Other amendments to pleadings made after the answer is filed may be allowed within the discretion of the court. In no instance shall an amendment of a pleading be made by erasure, substitution, interlineations, or otherwise except by leave of the court. A party who has obtained leave to amend a pleading but fails to do so within the time allowed shall be considered as electing to abide by the former pleading. In no case of amendment shall the original pleading be withdrawn from the file or obliterated.

   H. Pleadings in Default. A party in default of a pleading may, before judgment, on motion, notice, and good cause shown, file the same within such time and upon such terms as the court shall allow.

   I. Costs. Except for criminal cases and proceedings wherein a poverty affidavit is filed and approved by the court, court costs shall be paid when actions are commenced and thereafter when liability for additional costs accrues. An attorney is responsible to the clerk for costs incurred at the attorney's request and shall immediately pay the same upon receipt of the clerk's statement of such fees.

Approved effective October 27, 1995; amended September 9, 2010.