Local Rule Civil Rule 5.3: Facsimile Filings

Civil Rule 5.3 Facsimile Filings a. Method of Filing. A fax filing agency will file all fax transmitted pleadings on behalf of the parties or their counsel. NO DOCUMENTS MAY BE TRANSMITTED DIRECTLY TO THE CLERK BY FAX FOR FILING. ANY DOCUMENTS SO TRANSMITTED MUST BE REJECTED AND NOT FILED. 1. The fax filing agency acts as the agent of the filing party and not as agent of the Court. A document will be deemed filed when it is submitted by the fax filing agency, received in the Clerk's Office, and filed by the Clerk. Mere transmission to or receipt by the fax filing agency will not be construed as filing. 2. The fax filing agency must meet all technical requirements under Civil Local Rule 5.1. 3. Counsel or parties utilizing a fax filing agency will ensure that additional copies necessary for filing will be reproduced by the fax filing agency, and any applicable filing fees are submitted at the time of filing. b. When Filed. Electronic transmission of a document via facsimile machine does not constitute filing; filing is complete when the document is filed with the Clerk. c. Form, Paper, Legibility. Only plain paper (no thermal paper) facsimile machines may be used. All documents must be on size 8-1/2" x 11" bond. All copies must be clear, clean and legible, and comply with Civil Local Rule 5.1. d. Original Signature. The image of the original manual signature on the fax copy will constitute an original signature for all court purposes. The original signed document must not be substituted except by court order. The original signed document must be maintained by the attorney of record or the party originating the document, for a period no less than the maximum allowable time to complete the appellate process. Upon request, the original document must be provided to other parties for review. e. Transmission Record. The sending party is required to maintain a transmission record in the event fax filing late becomes an issue. A transmission record means the document printed by the sending facsimile machine stating the telephone number of the receiving machine, the number of pages sent, the transmission time, and an indication of errors in transmission.