Rule 5.522. Fax filing
(1)This rule applies to juvenile court proceedings in courts that permit fax filing by local rule or other written instruction.
(2)As used in this rule, "facsimile transmission" or "fax transmission," "facsimile machine" or "fax machine," "facsimile filing" or "fax filing," and "fax" are defined in rule 2.301.
(Subd (a) amended effective January 1, 2007.)
(b) Juvenile court documents that may be filed by fax
The following documents may be filed in juvenile court by the use of a fax machine: petitions filed under sections 300, 601, 602, 342, 387, 388, 777, and 778. Other documents may be filed by the use of a fax machine if permitted by the local rule or other written instruction specified in (a).
(Subd (b) amended and relettered effective January 1, 2007; adopted as subd (c).)
(c) Persons and agencies that may file by fax
Only the following persons and agencies may file documents stated in (b): any named party to the proceeding; any attorney of record in the proceeding; the county welfare department; the probation department; the office of the district attorney; the office of the county counsel; a CASA volunteer appointed in the case.
(Subd (c) amended and relettered effective January 1, 2007; adopted as subd (d).)
(d) Procedures for fax filing
A party or agency described in (c) may file by fax directly to any juvenile court that has provided for fax filing by local rule or other written instruction. The local rule or written instruction must provide the fax telephone number or numbers for filings and the business hours during which fax filings will be accepted.
(Subd (d) amended and relettered effective January 1, 2007; adopted as subd (e).)
(e) Mandatory cover sheet
A fax filing must be accompanied by Fax Filing Cover Sheet (form JV-520). The cover sheet must be the first page transferred. The court is not required to retain or file a copy of the cover sheet.
(Subd (e) amended and relettered effective January 1, 2007; adopted as subd (f).)
Notwithstanding any provision of law to the contrary, a signature produced by fax transmission is an original signature.
(Subd (f) relettered effective January 1, 2007; adopted as subd (g).)
(g) Confidentiality requirements
In order to secure the confidentiality of the documents subject to filing by fax, the following procedures are required:
(1)In each clerk's office designated to receive such documents, a separate fax machine must be provided and dedicated solely to the receipt of the documents described in (b);
(2)The telephone number to be used for these filings must be made available only to those persons and agencies described in (c); and
(3)Any document received for fax filing must be filed or submitted to the court immediately on receipt and must not be placed or stored where anyone not entitled to access may examine it.
(Subd (g) amended and relettered effective January 1, 2007; adopted as subd (h).)
Rule 5.522 amended and renumbered effective January 1, 2007; adopted as rule 1406.5 effective January 1, 1999.