LCR 5.
SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
(a) Service - When Required.
(1) Emergency Orders. A party applying for an emergency order which will
require or forbid the doing of some act shall notify the opponent or his or her
counsel, if known, and shall request his or her presence at presentation of the
order, unless good cause to the contrary is shown. If the opponent or
opponent's counsel does not appear, the judge shall require a full showing with
respect to the notice given. See also, LCR 9(m).
(b) - (d) (No Local Rules)
(e) Filing With the Court. All notices for the Law and Motion calendar shall
be filed with the clerk of the court no later than 4:30 p.m. seven (7) days
preceding the date of the hearing.
(f) - (i) (No Local Rules)
(j) Filing by Facsimile With Clerk. See LCR 78(a)(4).
(k) Service of Papers by Facsimile on Attorney or Party. Service of all papers
other than the summons and other process may be made by facsimile transmission as follows:
(1) Fax Machine Availability. Pleadings and such other papers may only be
served by facsimile transmission upon a pro se party or attorney if the
intended recipient makes available a facsimile machine at the recipient's
residence or place of business.
(2) Length. Pleadings and such other papers regarding any hearing which
total more than twenty-five (25) pages in length may not be served by facsimile
without prior approval of the intended recipient.
(3) Transmittal Sheet. Any pleadings or such other papers transmitted by
facsimile must be accompanied by a facsimile transmittal sheet containing, at a
minimum, the following information: identification of pleading or other paper
being transmitted, number of pages of pleading or paper, sender's name and
sender's telephone and facsimile numbers.
(4) Receipt of Documents. A pleading or such other paper transmitted by
facsimile shall be deemed received at the time the recipient's facsimile
machine registers the transmission of the last page. If that time is after 5
p.m., the pleading or other paper shall be deemed received the following day.
If a pleading or other paper is received after any time set forth as a deadline
herein, and prior to the next day, the pleading or other paper shall be deemed
received the following day. If a pleading or other paper is not completely
transmitted, it shall not be considered received.
(5) Delivery of Original to Recipient. The transmitting party shall mail
or deliver a copy of the transmitted pleading or other paper to the recipient
of the facsimile transmission by the next day.
(6) Time. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein.
(7) Facsimile Machine Not Required. Nothing in this rule or other rule
allowing service by facsimile transmission shall require an attorney or party
to have a facsimile machine.
(l) Service of Papers by Email on Attorney or Party. Service of all papers
other than the summons and other process may be made by electronic mail (email) as follows:
(1) Email Availability. Pleadings and such papers may be served by email
only upon an attorney or pro se party who makes available, as provided in this
subsection, an email address to which such pleadings and papers may be served.
An attorney or pro se party makes an email address available by giving notice,
which must include:
(i) The email address to which service may be made.
(ii) Whether service on this email address will return an automatic
confirmation via return email to the sender.
(iii) The phone number, if any, that the sender must call to announce
service to the email address.
(iv) Whether service by email must be followed by service of hard
copies. Notice of the availability of an email address for service of pleadings
and papers for a specific case may be given in the Notice of Appearance or any
other notice filed with the Court. Notice of the availability of an email
address for service of pleadings and papers for all cases may be made in
correspondence directly to attorneys and parties. Any notice of availability of
an email address for service may be modified or revoked in the same manner as
originally given.
(2) Paper Format. Pleadings and papers served by email must be formatted in
the Adobe Acrobat format. Papers without color should be in black-and-white
format to save space. Pleadings and papers shall be attached to an email served
at the appropriate email address. No email may exceed one (1) megabyte in size.
Each pleading and paper must be formatted into a single attachment unless it
exceeds the size limitation, in which case the pleading or paper may be split
across attachments to multiple emails.
(3) Email Information. Each email shall contain at a minimum the following
information: identification of each pleading and paper being served in the
email, the sender's name and company name, and a phone number to which
transmission problems shall be reported.
(4) Service Confirmation. If the recipient's notice of the availability of a
service email address indicates that the email address will return an automatic
confirmation by email, then service shall be complete when the sender receives
such automatic confirmation. If the recipient's notice specifies a phone number
that the sender must call to announce service, then service is complete once
the sender calls the phone number and announces service. Announcement by phone
may be made in voicemail and shall indicate the number of emails sent. Service
completed after 5:00 PM shall be considered completed the next business day.
(5) Delivery of Hard Copy to Recipient. If the recipient's notice of the
availability of a service email address indicates that service of hard copies
is required, the sender shall mail or deliver a copy of the emailed pleadings
and papers to the recipient of the email by the next day.
(6) Time. Time shall be computed as set forth in Civil Rule 6 and LCR 6 herein.
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