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2014 California Rules of Court

Rule 2.304. 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 fax filing. The local rule must state that direct fax filing may be made under the rules in this chapter and must provide the fax telephone number for filings and specific telephone numbers for any departments to which fax filings should be made directly. The court must also accept agency filings under rule 2.303.

(Subd (a) amended effective January 1, 2007.)

(b) Mandatory cover sheet

A party filing a document directly by fax must use the Facsimile Transmission Cover Sheet (Fax Filing) (form MC-005). The cover sheet must be the first page transmitted, 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 are to be filed in the case. The court must ensure that any credit card information on the cover sheet is not publicly disclosed. The court is not required to keep a copy of the cover sheet.

(Subd (b) amended effective January 1, 2007.)

(c) Notation of fax filing

Each document transmitted for direct filing with the court must contain the phrase "By fax" immediately below the title of the document.

(Subd (c) amended effective January 1, 2007.)

(d) Presumption of filing

A party filing by fax must cause the transmitting fax machine to print a transmission record of each filing by fax. If the document transmitted to the court by fax machine is not filed with the court because of (1) an error in the transmission of the document to the court that was unknown to the sending party or (2) a failure to process the document after it has been received by the court, the sending party may move the court for an order filing the document nunc pro tunc. The motion must be accompanied by the transmission record and a proof of transmission in the following form:

"On (date) ___________ at (time) __________, I transmitted to the (court name) _______________ the following documents (name) ________________ by fax machine, under California Rules of Court, rule 2.304. The court's fax telephone number that I used was (fax telephone number) ___________. The fax machine I used complied with rule 2.301 and no error was reported by the machine. Under rule 2.304, 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."

(Subd (d) amended effective July 1, 2013; previously amended effective January 1, 2007.)

(e) Payment of fees by credit card

(1)Credit or debit card payments

The court may permit credit cards, debit cards, electronic funds transfers, or debit accounts to be used to pay filing fees for fax filings made directly with the court, as provided in Government Code section 6159, rule 10.820, and other applicable laws. The cover sheet for these filings must include (1) the credit or debit card account number to which the fees may be charged, (2) the signature of the cardholder authorizing the charging of the fees, and (3) the expiration date of the credit or debit card.

(2)Rejection of charge

If the charge is rejected by the credit or debit card issuing company, the court must proceed in the same manner as under Code of Civil Procedure section 411.20 relating to returned checks. This provision does 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 is the applicable filing fee plus any fee or discount imposed by the card issuer or draft purchaser.

(Subd (e) amended effective January 1, 2007.)

(f) Filing fee accounts

If a court so provides in its local rule establishing a direct fax 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.

(Subd (f) amended effective January 1, 2007.)

Rule 2.304 amended effective July 1, 2013; adopted as rule 2006 effective March 1, 1992; previously amended effective July 1, 2006; previously amended and renumbered effective January 1, 2007.

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