4th District, Division One
FAX FILING PILOT PROJECT IN THE FOURTH APPELLATE DISTRICT, DIVISION ONE OF THE CALIFORNIA COURT OF APPEAL
The Fourth Appellate District, Division One provides a voluntary fax filing program.
The filing party is responsible for verifying that documents are acceptable for fax filing. The court has approved filing by facsimile for the following documents:
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- Attorney General full concession letter
- County Counsel Sade C letter
- Civil Case Information Statement
- Stipulation or Request for extension of time
- Service copy pursuant to CRC, Rule 8.340.
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Other documents may be fax-filed only at the request of the court.
The facsimile document must comply with all rules as would be required during traditional filing. (i.e. proof of service, etc.) There is no fee for fax filing the documents listed above. There is a ten (10) page limit on all facsimile filed documents.
Each document must have a Facsimile Transmission Cover Sheet. The caption page must contain the phrase "By Facsimile" or "By Fax" immediately below the title of the document.
The document that is filed by facsimile shall have the same legal effect as an original paper document. Signatures on fax-filed documents are considered originals. The parties shall retain original signed documents should disputes arise requiring the court to verify original signatures.
Service between the parties by facsimile transmission is permitted by written agreement between the parties. This agreement should not be filed with the court, but may be requested by the court should a dispute arise regarding agreement to accept fax service. The court will not use facsimile transmission for service of court orders.
The court’s fax filing machine shall be available 24 hours a day, although filings received after public office hours, on weekends or court holidays, shall be deemed filed on the next court day. The fax filing number is (619) 645-2495.
The court will not send out conformed copies of fax filings. The standard confirmation option of a fax machine shall serve as confirmation of the transmittal of a document to the court. If the confirmation returns unsuccessful, notify the court for the problem to be addressed.
Counsel may verify the filing of the document through the court's web site. Copies of any documents in the court file can be made by copying services or using the public copy machine in the clerk's office during public office hours.
If the fax filing is not filed with the court because of error in transmission or clerical error, the party may make a motion to the court for an order filing the document nunc pro tunc.
