(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.
