Rule 5.522. Remote filing

(a) Applicability and definitions

(1) This rule applies to juvenile court proceedings in courts that permit fax or electronic filing by local rule.

(2) As used in this rule, “fax,” “fax transmission,” “fax machine,” and “fax filing” are defined in rule 2.301. A fax machine also includes any electronic device capable of receiving a fax transmission, as defined in rule 2.301.

(3) As used in this rule, “electronic filing” is defined in rule 2.250. Rule 2.250 also defines other terms used in this rule related to electronic filing, such as “document,” “electronic filer,” and “electronic filing service provider.”

(b) Electronic filing A court may allow for the electronic filing of documents in juvenile proceedings in accordance with section 212.5.

(c) Fax filing

(1) Juvenile court documents that may be filed by fax

(2) Persons and agencies that may file by fax

(A) Any named party to the proceeding;

(B) Any attorney of record in the proceeding;

(C) The county child welfare department;

(D) The probation department;

(E) The office of the district attorney;

(F) The office of the county counsel; and

(G) A Court Appointed Special Advocate (CASA) volunteer appointed in the case.; and

(H) An Indian tribe.

(3) Procedures for fax filing

(4) Mandatory cover sheet

(5) Signatures

(6) Confidentiality requirements

(A) The clerk’s office designated to receive such documents must have either a separate fax machine dedicated solely to the receipt of the documents described in (c)(1) or a fax machine that is set up with a protocol to preserve the confidentiality of the documents described in (c)(1); and

(B) Any document received for fax filing must be filed or submitted to the court immediately on receipt and must not be placed or stored where anyone not entitled to access may examine it.

Committee Notes

(Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2015.)

(Subd (b) amended effective January 1, 2019; adopted effective January 1, 2015.)

(Subd (c) amended effective January 1, 2021; previously subd (b)-(g); previously amended effective January 1, 2007; previously adopted and amended effective January 1, 2015.)