Local Rule LR Gen P 5.05: Filing and Service of Documents in Civil Actions by Fax Transmission
N.D. W.Va. — General rule
LR Gen P 5.05. Filing and Service of Documents in Civil Actions by Fax Transmission.
(a) Method of Filing: As stated in LR Gen P 5.01, absent good cause, counsel shall file electronically in CM/ECF. However, other than a complaint or petition, when necessary a party may file a document by fax transmission. The Clerk of Court shall accept the document as filed if the filing and the document comply with these and other applicable rules and statutes.
(b) Service: Service of any document in a civil action, other than original process, may be made by fax transmission subject to the provisions of these Rules, other applicable rules and statutes, and Fed. R. Civ. P. 5(b).
(c) When Service Complete: Service by fax is complete upon receipt of the entire document by the receiver's fax machine.
(d) Proof of Service: Where service is made by fax transmission, proof of service shall be made by affidavit of the person making service or by certificate of an attorney. Attached to such affidavit or certificate shall be a copy of the sender's fax machine transmission record.