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Rule 2.305 Requirements for signatures on documents

Filing and Service by Fax

(a) Possession of original document

A party who files or serves a signed document by fax under the rules in this chapter represents that the original signed document is in the party's possession or control.

(b) Demand for original; waiver

At any time after filing or service of a signed fax document, any other party may serve a demand for production of the original physically signed document. The demand must be served on all other parties but not filed with the court.

(c) Examination of original

If a demand for production of the original signed document is made, the parties must arrange a meeting at which the original signed document can be examined.

(d) Fax signature as original

Notwithstanding any provision of law to the contrary, including Evidence Code sections 255 and 260, a signature produced by fax transmission is deemed to be an original.

Rule 2.305 amended and renumbered effective January 1, 2007; adopted as rule 2007 effective March 1, 1992.