Service of documents procedures

Under 1921.17(a) you must serve by delivering a copy in person or by mailing a copy to the party's last known address. The rule explains the allowed methods of service and also notes that if the party is represented, service may be made on the attorney instead of the party directly (1921.17(a)).

• Delivering in person = personal service.
• Mailing to the last known address = regular service by mail.
• If a party has counsel, you may serve the attorney rather than the party.

Under 1921.17(a) you must send a mailed copy by airmail when the recipient resides 500 miles or more from the person effecting service. The rule sets this distance-based requirement for mailed service to ensure timely delivery (1921.17(a)).

• Measure distance from your location at the time of service to the recipient's residence; if 500 miles or more, use airmail.
• If you fail to use airmail when required, you risk delayed delivery and potential challenges to the adequacy of service.

Under 1921.17(a) you may serve the party's attorney when the party is represented by counsel; service upon the attorney counts as service upon the party. The regulation explicitly permits service on an attorney for a represented party (1921.17(a)).

• Confirm the attorney is actually representing the party before serving the attorney.
• Keep proof of service showing the attorney's name and address.

Under 1921.17(b) the proof of service must be a certificate by the person who served the pleading, stating how the service was made (personal delivery or by mailing). That certificate is the required proof that service occurred (1921.17(b)).

• The certificate should state the server's name, the date of service, the method used (personal delivery or mail), and the address where the document was delivered or mailed.
• Attach the certificate to the pleading or file it with the Court/Department as required.

Under 1921.17(c) you must file an original plus three copies of all pleadings and other documents with the Department of Labor. This applies whether filing with the Assistant Solicitor in charge of trial litigation, the hearing examiner, or the Assistant Secretary (1921.17(c)).

• Total physical items filed = 1 original + 3 copies = 4 items.
• Make sure all copies are complete and identical to the original.

Under 1921.17(a) you should serve to the party's last known address. If a party has moved and you do not have a new address, serve to the last address you have on record, because the rule requires mailing to the last known address (1921.17(a)).

• If you learn of a new address before service, use that new address as the last known address.
• Keep documentation of how you determined the last known address (e.g., employer records, returned mail, counsel communication).

Under 1921.17(b) you need a certificate from the person who served the pleading that states the manner of service; a signed postal return receipt alone is not the certificate required by the rule. The regulation specifies that a certificate by the server is the proof of service (1921.17(b)).

• You may attach the postal return receipt as supporting evidence, but also include the required certificate stating who served, when, and how.
• The certificate should reference any supporting receipts or tracking numbers for clarity.

Under 1921.17(a) personal delivery alone satisfies the manner-of-service requirement, so you do not also need to mail a copy when you deliver the document in person. The rule allows either personal delivery or mailing as acceptable methods (1921.17(a)).

• Be sure to prepare a certificate of service showing personal delivery per 1921.17(b).
• Keep a record (e.g., signed receipt, witness) to corroborate the personal delivery if possible.

Under 1921.17(c) you must file the original and three copies with the Department of Labor, filed with the Assistant Solicitor in charge of trial litigation, the hearing examiner, or the Assistant Secretary as appropriate for your case. The rule identifies those Department offices as the proper filing locations (1921.17(c)).

• Determine which official (Assistant Solicitor in charge of trial litigation, hearing examiner, or Assistant Secretary) is handling your matter and file with that office.
• Check with the appropriate office for any local filing procedures (hours, delivery options, internal addresses).

Under 1921.17(a) the rule refers to parties residing 500 miles or more from the person effecting service, meaning you measure the distance between the server's location and the recipient's residence; if that distance is 500 miles or more, you must mail by airmail (1921.17(a)).

• Use a commonly accepted measure (straight-line or driving distance) and document the method you used to calculate the distance.
• If the distance is borderline or disputed, use airmail to avoid challenges about adequacy of service.

Under 1921.17(b) the certificate of service must be signed by the person who actually served the pleading or other document, whether by personal delivery or by mailing. The regulation requires the server's certificate as proof of service (1921.17(b)).

• The signer should include their printed name, date of service, method of service, and the address used.
• If a process server or courier performed the service, that individual signs the certificate.

Under 1921.17(a) the rule specifically permits personal delivery or mailing a copy; it does not address private courier services explicitly, so personal delivery satisfies the rule and mailing is the prescribed alternative (1921.17(a)).

• If you use a private courier that results in actual personal delivery to the party or attorney, that is effectively personal delivery and should satisfy the rule.
• When relying on a private delivery service, document the delivery details and include a certificate of service describing the method used per 1921.17(b).

Under 1921.17(c) the requirement to file an original and three copies applies to all pleadings and other documents, which includes motions, exhibits, attachments, and similar filings submitted to the Department of Labor (1921.17(c)).

• Treat each submission (motions, briefs, exhibits) as a document requiring one original plus three copies unless otherwise directed.
• Ensure exhibits are numbered and organized consistently across all copies for easy reference by the Department.

Under 1921.17(a) if your mailed service to the party's last known address is returned undeliverable, you have still complied with the rule by mailing to the last known address, but you should promptly document the returned mail and attempt to locate a new address or serve the party's attorney if represented (1921.17(a)).

• File a certificate of service noting the mailing and the returned mail as supporting information per 1921.17(b).
• Make a reasonable effort to find an updated address (contacts, employer records, counsel) and re-serve if appropriate.

Under 1921.17(b) the certificate of service is the proof that the pleading or document was served; best practice is to file it with the pleading or immediately after service so the record shows proof of service promptly, consistent with the rule's requirement for a server's certificate (1921.17(b)).

• Including the certificate with the filing avoids later disputes about whether service was made.
• If mailed, include the date of mailing and any receipt or tracking number in the certificate.

Under 1921.17(a) the rule allows personal delivery or mailing to the party's last known address; leaving documents at a workplace could qualify as personal delivery only if the party actually receives the documents, but the regulation does not expressly authorize leaving documents with another person at the workplace (1921.17(a)).

• If you leave documents with the party personally at work (they accept it), that is personal delivery and should be documented in your certificate of service.
• Avoid leaving documents with co-workers or receptionists unless you can confirm the party actually received them; otherwise use mail to the last known address or serve the attorney.

Under 1921.17(c) the regulation requires an original and three paper copies to be filed with the Department of Labor; the rule itself does not authorize electronic filing in place of those required paper copies (1921.17(c)).

• Check with the specific Department office (Assistant Solicitor, hearing examiner, or Assistant Secretary) for any current local practices or permission to accept electronic submissions in addition to or in lieu of paper copies.
• When in doubt, file the required paper copies to ensure compliance.

Under 1921.17(a) service may be made on the party's attorney if they are represented; the rule does not explicitly refer to other agents, so service on a party's attorney is specifically authorized, whereas serving other types of agents is not expressly covered by the rule (1921.17(a)).

• If the agent is the party's attorney, service is valid on the party.
• If the agent is not an attorney, confirm whether that person's authority to accept service is recognized by the Department or include additional evidence of consent to accept service.

Under 1921.17(b) the server's certificate is required proof of service, so if it is incomplete or missing the Department may find that proof of service is insufficient and could delay consideration of the pleading or require that proper proof be supplied (1921.17(b)).

• Remedy the situation by promptly filing a complete certificate stating who served, the method, date, and address.
• Attach any supporting receipts or return notices to strengthen proof of service.

Under 1921.17(c) the regulation addresses how many copies must be filed with the Department, but it does not relieve you of the duty to serve opposing parties; you still must effect service on other parties by personal delivery or mailing per 1921.17(a) and prove that service under 1921.17(b) (1921.17(c)).

• After filing the original and three copies with the Department, ensure opposing parties receive their copies via personal delivery or mail and include a certificate of service.
• Keep records showing opposing parties were served (certificates, receipts).

Under 1921.17(a) the rule requires mailing a copy to the last known address but does not specify postage prepaid or special labeling requirements; however, practical compliance requires using standard mail procedures and, when required by the 500-mile rule, airmail (1921.17(a)).

• For proof and timeliness, consider using trackable or certified mail and note the method in your certificate of service.
• If mailing 500 miles or more, ensure you use airmail as required by the rule.