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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