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2024 California Rules of Court

Rule 2.303. 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 must:

(1)  Prepare the document so that it complies with the rules in division 2, chapter 1 of this title 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.

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

(c) Requirement of advance arrangements

A fax filing agency is not required to accept papers for filing from any party 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 a document from a party with whom it does not have prior arrangements, the agency may discard the document without notice to the sender.

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

(d) Confidentiality

A fax filing agency must keep all documents transmitted to it confidential except as provided in the rules in this chapter.

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

(e) Certification

A fax filing agency, by filing a document with the court, certifies that it has complied with the rules in this chapter and that the document filed is the full and unaltered fax-produced document received by it. The agency is not required to give any additional certification.

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

(f) Notation of fax filing

Each document filed by a fax filing agency must contain the phrase "By fax" immediately below the title of the document.

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

Rule 2.303 amended and renumbered effective January 1, 2007; adopted as rule 2005 effective March 1, 1992.

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