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2024 California Rules of Court

Rule 2.305. Requirements for signatures on documents

(a) Possession of original document

A party who files or serves a signed document by fax under the rules in this chapter represents that the original signed document is in the party's possession or control.

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

(b) Demand for original; waiver

At any time after filing or service of a signed fax document, any other party may serve a demand for production of the original physically signed document. The demand must be served on all other parties but not filed with the court.

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

(c) Examination of original

If a demand for production of the original signed document is made, the parties must arrange a meeting at which the original signed document can be examined.

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

(d) Fax signature as original

Notwithstanding any provision of law to the contrary, including Evidence Code sections 255 and 260, a signature produced by fax transmission is deemed to be an original.

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

Rule 2.305 amended and renumbered effective January 1, 2007; adopted as rule 2007 effective March 1, 1992.

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