13th Judicial Circuit - Local Rule 4.3

4. Filing of Cases

4.3 Filings by Facsimile in Criminal and Civil Cases

Facsimile pleadings in criminal and civil cases are authorized in accordance with the Supreme Court Rules 20.04(h) and 43.02(c), provided that appropriate filing fees, if any, are received the same working day.  If required fees have not been received, the facsimile transmission is deemed not filed.

Facsimile pleadings shall be deemed filed on the date and at the time the last page of the documents is accepted at the office of the circuit clerk.  If the entire document is not received by the clerk, or if it is illegible, it is deemed not filed. Risk of loss in transmission, receipt, or illegibility is upon the party transmitting and filing the facsimile transmission.

The facsimile transmission shall have the same effect as the filing of the original document.  Any person using this method of filing shall keep the original in his or her possession, as well as documentation of the transmission, and shall provide the same upon order of the court for inspection.

Facsimile filings received at the court before 5:00 p.m. on a regular workday are deemed filed as of that day.  Facsimile filings received after 5:00 p.m. are deemed filed on the next regular court workday.  Time of receipt is determined by the court's facsimile machine.

If the facsimile document is to be filed in multiple cases, the document must be transmitted once for each case file.

If the facsimile transmission is a civil petition, the clerk will not issue summons until additional copies equal to the number of defendants to be served are filed with the court.  The copies so filed shall be used for service with the summons.

If multiple copies of a pleading other than the original petition are required by local court rule, the document must be transmitted the number of times equal to the original and number of required copies.

Facsimile pleadings pertaining to matters to be heard on law days shall be filed no later than 5:00 p.m. on the Tuesday preceding the law day for civil matters and 5:00 p.m. on the Thursday preceding the law day for criminal matters in compliance with Local Court Rule 2.3, Paragraph A.