LCR  5.
      SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS


  (b)(2) Service by Mail, Facsimile or Email.

       (A) By Mail.  See CR 5(b)(2)(A) and (B).

       (B) By Facsimile.  Service by facsimile shall be
          allowed only under the following conditions consistent
          with GR17:

          (i) The party or attorney of record to whom
       service is delivered has a publicly available fax
       number or has given written consent to receive fax
       service to the sending party or attorney;

          (ii) The attorney or party sending the
       document via fax 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.

          (iii) Documents transmitted by fax shall be
       letter size (8-1/2 by 11 inches). Documents over 10
       pages in length may not be served by fax without
       prior approval of the receiving party.

          (iv) Any document transmitted by fax must be
       accompanied by a fax transmittal sheet in a form
       that includes the case number (if any), case
       caption, number of pages, the sender's name, and the
       senders voice and facsimile telephone numbers.
       Transmittal sheets are not considered legal filings.

          (v) A document transmitted directly to the
       receiving party shall be deemed received at the time
       the receiving party’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.

          (vi) Facsimile transmission is authorized
       for judge's working copies (courtesy copies),
       provided it does not exceed 25 pages in length, and
       provided, further, that the date, time and county of
       the hearing for which the transmittal is intended is
       clearly set forth on the facsimile cover sheet..

          (vii) Facsimile Machine Not Required. Nothing
       in this rule shall require a party, an attorney or a
       Clerk of a court to have a facsimile machine.

     (C) By Email.  Parties (or attorneys of record) may
     serve opposing parties by email only if they have
     written consent from the receiving party.  Working
     copies may be emailed to the court as follows:

       (i)  Any document (except original actions and
       personal restraint petitions) may be emailed as an
       attachment to an email message if:

       (a)  The body of the email message to which the document is
          attached is no more than 100 words and includes: case name,
          case number, name, phone number, bar number and email
          address of the person sending the document; and does not
          include prohibited ex parte communications.

      (b)  Any appendices attached to a brief, motion or pleading
          do not exceed a total of 25 pages.

      (c)  The attached document complies with the Civil Rules,
          except where these protocols provide otherwise.

      (d)  The attached document is subscribed with the name and
          bar number of the sender and the original signed document is
          retained in the sender's file.

      (e)  The Email must be properly addressed to the email
          address provided by the court administrator for each of the
          counties in the judicial district.

      (f)  The subject line must include “Working Copy for [Cause No.]
         [Case Name] for Hearing on [Date of Hearing] before [Name of Judge].

      (g)  The date and time the email was sent must be evident on
         the received email and show on any printout of that email.

      (h)  The email must also be sent as a courtesy copy to any
         other party that has an email address and has so requested
         by filing a Request for Email Copies in substantially the
         following form: “[Party Name] requests that all working
         copies emailed to the court under LCR5(b)(2) also be emailed
         to the above at the following email address: [Email Address].”

       (ii) No signature is required on an attached
       document, if all protocols are followed.

       (iii) The date and time the attachment to email is
       deemed received will be no sooner than the date and
       time of actual filing of the document’s original
       with the Clerk.

       (iv) The use of PDF format or Microsoft WORD is
       encouraged, but not required. If the conversion
       software used by the court is unable to convert a
       document, the party submitting the document will be
       notified to submit the document in written form.

       (i)  Documents Not to Be Filed.  In addition to the
       discovery material specified in CR 5(i), photocopies of
       reported cases, statutes or texts shall not be filed as
       an appendix to a brief or otherwise, but may be furnished
       directly to the judge hearing the matter; provided, any
       items submitted to the judge shall be provided to
       opposing parties or counsel at the same time.


[Adopted September 1, 1991; amended effective September 1, 2004.]