Local Rule LR Gen P 5.04: General Provisions for Filing by Fax

LR Gen P 5.04. General Provisions for Filing by Fax.

(a) Availability of Fax Services: Each Clerk's Office shall have a fax machine available for court-related business during regular business hours and such additional hours as may be established by the judge at each point of holding court.

(b) Form and Format: All documents conveyed via fax transmission must conform in form and format to existing standards established by applicable statutes or rules of court. In addition to satisfying all other requirements under these Local Rules, documents should be printed on, or the receiver shall make any necessary photocopies on, 8½ by 11-inch, 20-pound alkaline plain paper of archival quality.

(c) Page Limitation: The Court will not accept any fax transmission over twenty-five (25) pages (excluding the cover sheet and affidavit with transmission record) without express consent by the Court or the Clerk of Court.

(d) Oversized Documents: Fax transmission of, or involving, any original document larger than 8½ by 11 inches is prohibited absent express consent from the Court or the Clerk of Court.

(e) Fax Cover Sheet: The sender must provide his or her name, or the relevant entity's name, together with the person or entity's address, telephone number, fax number, document(s) being transmitted by caption and matter, and notice of the number of pages (including the cover sheet). The sender also must provide clear and concise instructions as needed concerning processing.

(f) Signatures:

(1) Presumption of Authenticity: Any signature appearing on a fax copy of a document shall be presumed to be authentic.

(2) Inspection of Original, Physically-Signed Document or Certified Copy: Upon demand by the receiver, the sender of a fax shall make available to the receiver for inspection the original, physically-signed document or, if the Court is the sender, a certified copy of the original, physically-signed document.

(g) Verification of Receipt: If the sender so requests, Court personnel shall verify, either orally or in writing, the receipt of documents filed by fax transmission.

(h) Filing Effective Upon Receipt of Transmission: A fax copy of a document shall be deemed filed when it arrives in its entirety on a Clerk's Office fax machine without regard to the hours of operation of the Clerk's Office. Upon receiving a faxed filing, the Clerk of Court shall note the filing date on the fax copy in the same manner as with other documents filed by mail or in person.

(i) Payment of Fee:

(1) No later than seven (7) days after filing by fax, the filing party must pay any required fee.

(2) The Clerk of Court may decline to process a faxed document until receiving the required fee and the Court shall withhold the entry of judgment pending receipt of such fee.

(3) If any required fee is not received by the Court within seven (7) days after the filing by fax, the filing shall be void and no further notice need be given any party.

(j) Filing of Original: The original need not be filed, unless otherwise ordered by the Court or directed by the Clerk of Court.

(k) Retention of Original: If filing of the original is not required, the sender must retain the original, physically-signed document in his or her possession or control.

(l) Photocopying Charges: The sender is responsible for all photocopying charges associated with processing any document filed by fax transmission.

(m) Transmission Error: If an error occurs in any fax transmission, the Clerk of Court shall not accept or note the document as filed until a corrected, acceptable document is received.

(n) Notice of Transmission Error; Risk of Using Fax: If the receiver discovers or suspects a transmission error, the receiver shall notify the sender as soon as possible. The sender bears the risk of using fax transmission to convey any document to the Court. The potential receiver bears any risk of receiving any document by fax transmission from the Court.

(o) Nunc Pro Tunc Filing: If the attempted fax transmission is not accepted as filed with the Court because of a transmission error or other deficiency, the sending party may move for acceptance nunc pro tunc by filing a written motion with the Court. The motion shall be accompanied by the activity report or other documentation to verify the attempted transmission. The Court, in the interest of justice and upon the submission of appropriate documentation, may entertain the motion and hold a hearing if the Court so chooses.

(p) Fax Receipt and Transmission: The Clerk of Court may send or receive fax transmissions involving court-related business.