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Filing by Facsimile Machine

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RULE 14 - FILING BY FACSIMILE TRANSMISSION

(A) Civil Cases
(1) Use in general: Pursuant to Civil Rule 5(B) & (E), all pleadings, motions and other documents other than the original complaint, third party complaint or any other pleading that joins or adds a new party, may be transmitted to the Court by facsimile transmission. Prior permission of the Court, Clerk or opposing party is not required to file a document by facsimile transmission.

(2) Filing: A pleading, motion, or other document filed with the Court by facsimile transmission shall be deemed filed when received by the Clerk of Court and will have the same force and effect as the original of the document being transmitted. All such documents, filed with the Court by facsimile transmission must be done directly through the Lakewood Court's facsimile machine at 529-7687, or some other telephone number and facsimile machine specifically ordered by the Court. Documents indirectly transmitted through some other facsimile machine and indirectly presented to the Clerk of Court may not be accepted in lieu of the original, unless specifically ordered by the Court.

(B) Criminal Cases
In criminal cases the Clerk of Court will accept for filing documents by facsimile transmission, provided however, that the original of that document is filed with the Court within three (3) business days of the receipt of the facsimile. The documents shall be deemed filed when received by the Clerk of Court by facsimile transmission on condition that the original of that document is timely filed. Failure to timely file the original document may result in the Clerk's striking the document from the record.

(C) Cost
The party filing a document by facsimile transmission shall be responsible for all costs of the transmission. There is no separate charge for filing a document by facsimile transmission. The party is still responsible, however, for all filing fees associated with the filing of the document. The filing fee is required to be paid within five (5) days of the receipt of the document filed by facsimile transmission. Failure to timely pay the filing fees may result in the Clerk's striking the document from the record.

(D) All documents filed with the Clerk of Court by facsimile transmission must be legible when received by the Clerk. The Clerk may reject any document which is illegible, in whole or part and upon doing so, shall promptly notify the sender of the condition or quality of the document.

(E) All documents which are submitted to the Court must be received by the Clerk of Court during the regular office hours of the Clerk of Court (Local Rule 1). Any document received after 5:00 p.m. Monday through Friday, shall be deemed received and/or filed of the next business day. For the purpose of this Local Rule, 5:00 p.m. shall be determined by the notation on the Court's facsimile machine unless otherwise ordered by the Court.

 
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