TITLE 4. SPECIAL RULES FOR TRIAL COURTS DIVISION VI. RULES FOR FAX FILING AND SERVICE RULE 2001. AUTHORITY The rules in this division are adopted pursuant to Code of Civil Procedure section 1012.5 and the authority granted to the Judicial Council by the Constitution, article VI, section 6. [Adopted effective March 1, 1992.] RULE 2002. APPLICABILITY These rules apply to civil, probate, and family law proceedings in all trial courts. Notwithstanding any provision in these rules, no will, codicil, bond, or undertaking shall be filed by fax nor shall a court issue by fax any document intended to carry the original seal of the court. [Adopted effective March 1, 1992.] RULE 2003. DEFINITIONS As used in this division, unless the context requires otherwise: (1) "These rules" means the rules in this division. (2) "Facsimile transmission" is the transmission of a document by a system that encodes a document into electrical signals, transmits these electrical signals over a telephone line, and reconstructs the signals to print a duplicate of the original document at the receiving end. (3) "Facsimile machine" means a machine that can send a facsimile transmission using the international standard for scanning, coding, and transmission established for Group 3 machines by the Consultative Committee of International Telegraphy and Telephone of the International Telecommunications Union (CCITT), [FN-1] in regular resolution. Any facsimile machine used to send documents to a court under rule 2006 must send at an initial transmission speed of no less than 4800 band and be able to generate a transmission record. Facsimile machine includes, but is not limited to, a facsimile modem that is connected to a personal computer. (4) "Facsimile filing" or "filing by fax" means the facsimile transmission of a document to a court that accepts such documents. (5) "Service by fax" means the transmission of a document to a party or the attorney for a party pursuant to these rules. (6) "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 date, and an indication of any errors in transmission. (7) "Fax" is an abbreviation for "facsimile," and refers, as indicated by the context, to facsimile transmission or to a document so transmitted. (8) "Fax filing agency" means an entity that receives documents by fax for processing and filing with the court. [Adopted effective March 1, 1992.] RULE 2004. COMPLIANCE WITH RULES 201 AND 501 The document used for transmitting a fax shall comply with rule 201 or 501 and any applicable local rules regarding form or format of papers. Any exhibit that exceeds 8 1/2 by 11 inches shall be reduced in size to not more than 8 1/2 by 11 inches before it is transmitted. The court may require the party to file the original of an exhibit that has been filed by fax. [Adopted effective March 1, 1992.] RULE 2005. FILING THROUGH FAX FILING AGENCY (a) [Transmission of document for filing] A party may transmit a document by fax to a fax filing agency for filing with any trial court. The agency acts as the agent of the filing party and not as an agent of the court. (b) [Duties of fax filing agency] The fax filing agency that receives a document for filing shall: (1) Prepare the document so that it complies with rule 201 or 501 and any other requirements for filing with the court; (2) Physically transport the document to the court; and (3) File the document with the court, paying any applicable filing fee. (c) [Requirement of advance arrangements] A fax filing agency shall not be required to accept papers for filing from any company unless appropriate arrangements for payment of filing fees and service charges have been made in advance of any transmission to the agency. If an agency receives documents from a person with whom it does not have prior arrangements, the agency may, without notice to the sending party, discard the document. (d) [Confidentiality] A fax filing agency shall keep all documents transmitted to it confidential except as provided in these rules. (e) [Certification] A fax filing agency, by filing a document with the court, certifies that it has complied with these rules and that the document filed is the full and unaltered facsimile-produced document received by it. No additional certification shall be required of the agency. (f) [Notation of fax filing] Each document filed by a fax filing agency shall contain the phrase "By fax" immediately below the title of the document. [Adopted effective March 1, 1992.] RULE 2006. DIRECT FILING (a) [Courts in which applicable] A party may file by fax directly to any court that, by local rule, has provided for direct filing. The local rule shall state that direct filing may be made pursuant to these rules and shall provide the fax telephone number for filings and specific telephone numbers for any departments to which fax filings should be made directly. The court shall also accept agency filings under rule 2005. (b) [Mandatory cover sheet] A facsimile filing shall be accompanied by the Judicial Council Facsimile Filing Cover Sheet specified by rule 2009. The cover sheet shall be the first page transferred, to be followed by any special handling instructions needed to ensure that the document will comply with local rules. Neither the cover sheet nor the special handling instructions shall be filed in the case. The court shall ensure that any credit card information on the cover sheet shall not be publicly disclosed. The court shall not be required to keep a copy of the cover sheet. (c) [Notation of fax filing] Each document transmitted for direct filing with the court shall contain the phrase "By fax" immediately below the title of the document. (d) [Presumption of filing] A party filing by fax shall cause the transmitting facsimile machine to print a transmission record of each filing by fax. If the facsimile filing is not filed with the court because of (1) an error in the transmission of the document to the court which was unknown to the sending party or (2) a failure to process the facsimile filing when received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion shall be accompanied by the transmission record and a proof of transmission in the following form: "At the time of transmission I was at least 18 years of age and not a party to this legal proceeding. On (date) ____________ at (time) _____________ I transmitted to the (court name) ____________ the following documents (name) ________________ by facsimile machine, pursuant to California Rules of Court, rule 2006. The court's fax telephone number that I used was (fax telephone number) ______________________. The facsimile machine I used complied with rule 2003 and no error was reported by the machine. Pursuant to rule 2006 I caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. "I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct." (e) [Payment of fees by credit card] (1) [Visa or Mastercard account] A Visa or Mastercard account may be used to pay for filing fees on facsimile filings made directly with the court. The cover sheet for these filings shall include (1) the Visa or Mastercard account number to which the fees shall be charged, (2) the signature of the cardholder authorizing the charging of the fees, and (3) the expiration date of the credit card. Notwithstanding Government Code section 615g(c), a court does not need the consent of the county board of supervisors to permit the use of credit cards to pay filing fees in filings covered by these rules. (2) [Rejection of charge] If the charge is rejected by the issuing company, the court shall proceed in the same manner as under Code of Civil Procedure section 411.20 relating to returned checks. This provision shall not prevent a court from seeking authorization for the charge before the filing and rejecting the filing if the charge is not approved by the issuing company. (3) [Amount of charge] The amount charged shall be the applicable filing fee plus any fee or discount imposed by the card issuer or draft purchaser. (f) [Filing fee accounts] If a court so provides in its local rule establishing a direct filing program, an account may be used to pay for documents filed by fax by an attorney or party who has established an account with the court before filing a paper by fax. The court may require the deposit in advance of an amount not to exceed $1,000 or the court may agree to bill the attorney or party not more often than monthly. (g) [Facsimile filing fee] In addition to any other fee imposed by law, a party filing a document by fax directly with a court shall pay a fee of $1 for each page of the document. [Adopted effective March 1, 1992.] RULE 2007. SIGNATURES (a) [Possession of original document] A party who files or serves a signed document by fax pursuant to Code of Civil Procedure section 1012.5 and these rules represents that the original signed document is in his or her possession or control. (b) [Demand for original; waiver] At any time after filing or service of a signed facsimile document, any other party may serve a demand for production of the original physically signed document. The demand shall be served on all other parties but shall not be filed with the court. (c) [Examination of original] If a demand for production of the original signed document is made, the parties shall 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 sections 255 and 260 of the Evidence Code, a signature produced by facsimile transmission is an original. [Adopted effective March 1, 1992.] RULE 2008 SERVICE OF PAPERS BY FACSIMILE TRANSMISSION (a) [Transmission of papers by court] A court may serve any notice by fax in the same manner that litigants may serve papers by fax. (b) [Service by fax] Service by facsimile transfer shall be permitted only if the parties agree and a written confirmation of that agreement is made. The notice or other paper must be transmitted to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number as last given by that person on any document which he or she has filed in the cause and served on the party making service. The service is complete at the time of transmission, but any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the service of such document served by facsimile transmission shall be extended by two court days, but such extension shall not apply to extend the time for filing notice of intention to move for new trial. (c) [Availability of fax] A party or attorney agreeing to accept service by fax shall make his or her fax machine generally available for receipt of documents between the hours of 9 a.m. and 5 p.m. on days that are not court holidays under Code of Civil Procedure section 136. This provision does not prevent the attorney from sending documents by means of the fax machine or providing for normal repair and maintenance of the fax machine during these hours. (d) [When service complete] Service by fax is complete upon receipt of the entire document by the receiving party's facsimile machine. Service that occurs after 5 p.m. shall be deemed to have occurred on the next court day. Time shall be extended as provided by this rule. (e) [Proof of service by fax] Proof of service by fax may be made by any of the methods provided in Code of Civil Procedure section 1013a, except that: (1) The time, date, and sending facsimile machine telephone number shall be used in lieu of the date and place of deposit in the mail; (2) The name and facsimile machine telephone number of the person served shall be used in lieu of the name and address of the person served as shown on the envelope; (3) A statement that the document was transmitted by facsimile transmission and that the transmission was reported as complete and without error shall be used in lieu of the statement that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid; and (4) A copy of the transmission report shall be attached to the proof of service and the proof of service shall declare that the transmission report was properly issued by the transmitting facsimile machine. [Adopted effective March 1, 1992.] RULE 2009. FACSIMILE TRANSMISSION COVER SHEET The Facsimile Transmission Cover Sheet shall be in the following form: [Adopted effective March 1, 1992.] [NOTE: The form of the Facsimile Transmission Cover Sheet remains the same as it appeared previously in rule 2011.] -------------------- 1. Recommendations T.4 and T.30, Volume VII-Facsimile VII.3, CCITT Red Book, Malaga-Torremolinos, 1984, U.N. Bookstore Code ITU 673 1. 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴쩡컴컴컴컴컴컴컴컴컴컴컴커 쿌TTORNEY FOR PARTY OR PARTY WITHOUT ATTORNEY � For Court Use Only � � � � � � � � � � � � � 쿌ttorney For: � � 쳐컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� � 쿎OURT NAME: � � 쳐컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� � 쿛etitioner/Plaintiff: � � � � � 쿝espondent/Defendant: � � 쳐컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴탠컴컴컴컴컴컴컴컴컴컴컴캑 � � Case Number: � � FACSIMILE TRANSMISSION COVER SHEET � � 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴좔컴컴컴컴컴컴컴컴컴컴컴켸 TO THE COURT: 1. Please file the following transmitted documents in the order listed below Document name No of pages 2. [ ] Processing instructions consisting of pages are also transmitted 3. [ ] Fee Required [ ] Filing fee [ ] Fax Fee [Rule 2006(g)] a. [ ] Credit card payment. I authorize the above fees and any amount imposed by the card issuer or draft purchaser to be charged to the following account: [ ] VISA [ ] MASTER CARD Account No: Expiration Date: . . . . . . . . . . . . . . . . . 컴컴컴컴컴컴컴컴컴컴컴� (Type or Print Name of Card Holder) (Signature of Cardholder) b. [ ] Attorney account. Please charge my account No: c. [ ] Fee to be mailed 4. [ ] Insert in the box below the name and address to which the copy of this cover sheet shall be mailed. 旼� 컴� � � � � � � 읕� 컴� 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴 FACSIMILE TRANSMISSION COVER SHEET (Fax Filing)