- Governing rule
- Fed. R. Civ. P. 5(a)(1)(E)
- Type
- Filing
- Stage
- Pleadings
- When it is used
- Whenever a rule, local rule or court order requires the parties or the court to be told of something.

When the notice is used
Timing: whenever a rule, local rule or court order requires the parties or the court to be told of something. Pleadings come first in a civil case. They tell the court and the other side what each party claims or denies.
What the rule requires
- Unless the Federal Rules provide otherwise, a written notice, appearance, demand or offer of judgment, or any similar paper, must be served on every party (Rule 5(a)(1)(E)).
- Some notices have their own rule. For example, a written motion and notice of the hearing must be served at least 14 days before the hearing, unless the motion may be heard ex parte or a rule or court order sets a different time (Rule 6(c)(1)); subject to Rules 23(e), 23.1(c), 23.2 and 66 and any applicable federal statute, a plaintiff may dismiss without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment (Rule 41(a)(1)(A)(i)); and a party who wants to depose a person by oral questions must give reasonable written notice to every other party (Rule 30(b)(1)).
- Notices of appearance, change of address and related cases are usually governed by local rules, so check your court's local rules for the required form and content.
In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.
You can read the full text of Fed. R. Civ. P. 5(a)(1)(E) online. Also, the federal judiciary publishes the current rules and recent amendments.
The notice in state court
State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar notice procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.
Key terms
In addition, these terms come up often with this procedure:
Related procedures
Similarly, these procedures often come up alongside it:
- Motions: Form and Requirements: the general rules every written motion must follow.
- Voluntary Dismissal: the ways a plaintiff can end its own case.
- Notice of Appeal: the filing that starts an appeal from a federal district court to a court of appeals.
- Notice of Removal: the filing a defendant uses to move a case from state court to federal court when the federal court would have had original jurisdiction.
- Depositions: questioning of a witness under oath, outside court, with a record made of the testimony.
Before you rely on this page
First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.
State court procedure for this filing
The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.
Examples from the largest state court systems
| State | Where to look |
|---|---|
| Federal courts | Fed. R. Civ. P. 5(a)(1)(E) |
| California | Code Civ. Proc. § 1010 (notices must be in writing) |
| New York | CPLR 2103(e) (service of papers on every party) |
| Texas | Tex. R. Civ. P. 21a (methods of service) |
| Florida | Fla. R. Civ. P. 1.080(a) (service under Fla. R. Gen. Prac. & Jud. Admin. 2.516) |
Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.
Find the rule in your state
In your state's rules, look for the rule on notice (court filing). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.
Official civil procedure rules for every state
- Alabama: Alabama Rules of Civil Procedure · Lawtopolis guide
- Alaska: Alaska Rules of Civil Procedure (Alaska Rules of Court) · Lawtopolis guide
- Arizona: Arizona Rules of Civil Procedure · Lawtopolis guide
- Arkansas: Arkansas Rules of Civil Procedure · Lawtopolis guide
- California: California Code of Civil Procedure (supplemented by California Rules of Court, Title Three – Civil Rules) · Lawtopolis guide
- Colorado: Colorado Rules of Civil Procedure · Lawtopolis guide
- Connecticut: Connecticut Practice Book (Superior Court procedure) · Lawtopolis guide
- Delaware: Superior Court Civil Rules (Rules of Civil Procedure, Superior Court of Delaware) · Lawtopolis guide
- Florida: Florida Rules of Civil Procedure · Lawtopolis guide
- Georgia: Georgia Civil Practice Act (O.C.G.A. Title 9, Chapter 11) · Lawtopolis guide
- Hawaii: Hawaiʻi Rules of Civil Procedure · Lawtopolis guide
- Idaho: Idaho Rules of Civil Procedure · Lawtopolis guide
- Illinois: Illinois Code of Civil Procedure (735 ILCS 5) and Illinois Supreme Court Rules, Article II (Rules on Civil Proceedings in the Trial Court) · Lawtopolis guide
- Indiana: Indiana Rules of Trial Procedure · Lawtopolis guide
- Iowa: Iowa Rules of Civil Procedure (Iowa Court Rules, Chapter 1) · Lawtopolis guide
- Kansas: Kansas Code of Civil Procedure, K.S.A. Chapter 60 (Procedure, Civil), Article 2 – Rules of Civil Procedure · Lawtopolis guide
- Kentucky: Kentucky Rules of Civil Procedure (CR) · Lawtopolis guide
- Louisiana: Louisiana Code of Civil Procedure · Lawtopolis guide
- Maine: Maine Rules of Civil Procedure · Lawtopolis guide
- Maryland: Maryland Rules, Title 2 (Civil Procedure – Circuit Court) · Lawtopolis guide
- Massachusetts: Massachusetts Rules of Civil Procedure · Lawtopolis guide
- Michigan: Michigan Court Rules of 1985, Chapter 2 (Civil Procedure) · Lawtopolis guide
- Minnesota: Minnesota Rules of Civil Procedure · Lawtopolis guide
- Mississippi: Mississippi Rules of Civil Procedure · Lawtopolis guide
- Missouri: Missouri Supreme Court Rules of Civil Procedure (Rule 41 et seq.) · Lawtopolis guide
- Montana: Montana Rules of Civil Procedure · Lawtopolis guide
- Nebraska: Neb. Rev. Stat. Chapter 25 (Courts; Civil Procedure) and Nebraska Court Rules of Pleading in Civil Cases (Neb. Ct. R. ch. 6, art. 11) · Lawtopolis guide
- Nevada: Nevada Rules of Civil Procedure · Lawtopolis guide
- New Hampshire: Rules of the Superior Court of the State of New Hampshire · Lawtopolis guide
- New Jersey: Rules Governing the Courts of the State of New Jersey, Part IV (civil practice rules, R. 4:1 et seq.) · Lawtopolis guide
- New Mexico: Rules of Civil Procedure for the District Courts (NMRA 1-001 et seq.) · Lawtopolis guide
- New York: New York Civil Practice Law and Rules (CPLR) · Lawtopolis guide
- North Carolina: North Carolina Rules of Civil Procedure (G.S. Chapter 1A) · Lawtopolis guide
- North Dakota: North Dakota Rules of Civil Procedure · Lawtopolis guide
- Ohio: Ohio Rules of Civil Procedure · Lawtopolis guide
- Oklahoma: Oklahoma Pleading Code (Title 12, Oklahoma Statutes) · Lawtopolis guide
- Oregon: Oregon Rules of Civil Procedure (ORCP) · Lawtopolis guide
- Pennsylvania: Pennsylvania Rules of Civil Procedure (Pa. Code Title 231) · Lawtopolis guide
- Rhode Island: Superior Court Rules of Civil Procedure · Lawtopolis guide
- South Carolina: South Carolina Rules of Civil Procedure (SCRCP) · Lawtopolis guide
- South Dakota: SDCL Chapter 15-6 (Rules of Procedure in Circuit Courts) · Lawtopolis guide
- Tennessee: Tennessee Rules of Civil Procedure · Lawtopolis guide
- Texas: Texas Rules of Civil Procedure · Lawtopolis guide
- Utah: Utah Rules of Civil Procedure · Lawtopolis guide
- Vermont: Vermont Rules of Civil Procedure · Lawtopolis guide
- Virginia: Rules of Supreme Court of Virginia, Part Three (Practice and Procedures in Civil Actions) · Lawtopolis guide
- Washington: Superior Court Civil Rules (CR) · Lawtopolis guide
- West Virginia: West Virginia Rules of Civil Procedure · Lawtopolis guide
- Wisconsin: Wisconsin Statutes Chapters 801–847 (Civil Procedure) · Lawtopolis guide
- Wyoming: Wyoming Rules of Civil Procedure · Lawtopolis guide
- District of Columbia: Superior Court Rules of Civil Procedure · Lawtopolis guide
Sources
- Fed. R. Civ. P. 5(a)(1)(E)
Official sources:
law.cornell.edu/rules/frcp/rule_5
uscourts.gov/rules-policies/current-rules-pra…
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.
