Motions: Service, Time, Filing With Court

(a) Written motions other than those which are heard ex parte, written notices, designations of record on appeal and similar papers shall be served upon each of the parties. (b) Whenever under this Code or by an order of the court service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon a party shall be made in the manner provided in civil actions. (c) Immediately upon the entry of an order made on a written motion subsequent to arraignment the clerk shall mail to each party a notice thereof and shall make a note in the docket of the mailing. Lack of notice of the entry by the clerk does not affect the time to appeal or relieve or authorize the court to relieve a party for failure to appeal within the time allowed, except as permitted by § 130.40. (d) Papers required to be served shall be filed with the court. Papers shall be filed in the manner provided in civil actions. COMMENT: § 1.29 is substantively the same as former Rule 49. The second sentence of Subsection (c) incorporates the substance of a comparable provision in Rule 49 of the Federal Rules of Criminal Procedure. See generally 8A Moore, Federal Practice ¶¶49.01-49.05 (1974).