GR 17
                   FACSIMILE TRANSMISSION

    (a) Facsimile Transmission Authorized; Exceptions.
    (1) Except as set forth in subsection (a)(5), the clerks of the court
may accept for filing documents sent directly to the clerk or to another by
electronic facsimile (fax) transmission. A fax copy shall constitute an
original for all court purposes. The attorney or party sending the document
via fax to the clerk or to another shall retain the original signed
document until 60 days after completion of the case. Documents to be
transmitted by fax shall bear the notation: "SENT on _______________ (DATE)
VIA FAX FOR FILING IN COURT.
    (2) If a document is transmitted by facsimile to another for filing
with a court, the person responsible for the filing must attach an original
affidavit as the last page of the document. The affidavit must bear the
name of the court, case caption, case number, the name of the document to
be filed, and a statement that the individual signing the affidavit has
examined the document, determined that it consists of a stated number of
pages, including the affidavit page, and that it is complete and legible.
The affidavit shall bear the original signature, the printed name, address,
phone number and facsimile number of the individual who received the
document for filing.
    (3) The clerk of the court may use fax transmission to send any
document requiring personal service to one charged with personally serving
the document. Notices and other documents may be transmitted by the clerk
to counsel of record by fax.
    (4) Clerks may charge reasonable fees to be established by the Office
of the Administrator for the Courts, for receiving, collating, and
verifying fax transmissions.
    (5) Without prior approval of the clerk of the receiving court,
facsimile transmission is not authorized for judge's working copies
(courtesy copies) or for those documents for which a filing fee is
required. Original wills and negotiable instruments may not be filed by
facsimile transmission.
    (6) Facsimile Machine Not Required. Nothing in this rule shall require
an attorney or a clerk of a court to have a facsimile machine.
    (b) Conditions.
    (1) Documents transmitted to the clerk by fax shall be letter size (8-
1/2 by 11 inches). Documents over 10 pages in length may not be filed by
fax without prior approval of the clerk.
    (2) Any document transmitted to the clerk by fax must be accompanied by
a fax transmittal sheet in a format prescribed by the court. The form must
include the case number (if any), case caption, number of pages, the
sender's name, the senders voice and facsimile telephone numbers, and fax
fee remittance certification. Transmittal sheets are not considered legal
filings.
    (3) A document transmitted directly to the clerk of the court shall be
deemed received at the time the clerk's fax machine electronically
registers the transmission of the first page, regardless of when final
printing of the document occurs, except that a document received after the
close of normal business hours shall be considered received the next
judicial day. If a document is not completely transmitted, it will not be
considered received. A document transmitted to another for filing with the
clerk of the court will be deemed filed when presented to the clerk in the
same manner as an original document.
    (4) Court personnel will not verify receipt of a facsimile transmission
by telephone or return transmission and persons transmitting by facsimile
shall not call the clerk's office to verify receipt.
    (5) The clerk shall neither accept nor file a document unless it is on
bond paper.
    (6) The clerk shall develop procedures for the collection of fax
service fees for those documents transmitted directly to the clerk.
Nonpayment of the fax service fee shall not affect the validity of the
filing.
    (7) Agencies or individuals exempt from filing fees are not exempt from
the fax service fees for documents transmitted directly to the clerk.


[Adopted effective September 1, 1993.]