Rule 2.306. Service of papers by fax transmission

(a) Service by fax

(1) Agreement of parties required

(2) Service on last-given fax number

(b) Service lists

(1) Duties of first-named plaintiff or petitioner

(A) Maintain a current list of the parties that includes their fax numbers for service of notice on each party; and

(B) Furnish a copy of the list on request to any party or the court.

(2) Duties of each party

(A) Furnish the first-named plaintiff or petitioner with the party’s current fax number for service of notice when it first appears in the action; and

(B) If the party serves an order, notice, or pleading on a party that has not yet appeared in the action, serve a copy of the service list under (1) at the same time that the order, notice, or pleading is served.

(c) Transmission of papers by court A court may serve any notice by fax in the same manner that parties may serve papers by fax.

(d) Notice period extended Except as provided in (e), any prescribed period of notice and any right or duty to do any act or make any response within any prescribed period or on a date certain after the service of a document served by fax transmission is extended by two court days.

(e) Extension inapplicable to certain motions The extension provided in (d) does not apply to extend the time for the filing of:

(1) A notice of intent to move for new trial;

(2) A notice of intent to move to vacate a judgment under Code of Civil Procedure section 663; or

(3) A notice of appeal.

(f) Availability of fax A party or attorney agreeing to accept service by fax must make his or her fax machine generally available for receipt of served documents between the hours of 9 a.m. and 5 p.m. on days that are not court holidays under Code of Civil Procedure section 136. This provision does not prevent the party or attorney from sending other documents by means of the fax machine or providing for normal repair and maintenance of the fax machine during these hours.

(g) When service complete Service by fax is complete on transmission of the entire document to the receiving party’s fax machine. Service that is completed after 5 p.m. is deemed to have occurred on the next court day. Time is extended as provided by this rule.

(h) Proof of service by fax Proof of service by fax may be made by any of the methods provided in Code of Civil Procedure section 1013(a), except that:

(1) The date and sending fax machine telephone number must be used instead of the date and place of deposit in the mail;

(2) The name and fax machine telephone number of the person served must be used instead of the name and address of the person served as shown on the envelope;

(3) A statement that the document was sent by fax transmission and that the transmission was reported as complete and without error must be used instead of the statement that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid;

(4) A copy of the transmission report must be attached to the proof of service and the proof of service must declare that the transmission report was properly issued by the sending fax machine; and

(5) Service of papers by fax is ineffective if the transmission does not fully conform to these provisions.

Committee Notes

(Subd (a) amended and lettered effective January 1, 2007; adopted as part of subd (b) effective March 1, 1992.)

(Subd (b) adopted effective January 1, 2008.)

(Subd (c) relettered effective January 1, 2008; adopted as subd (b) effective January 1, 2007.)

(Subd (d) amended effective July 1, 2008; adopted as part of subd (b) effective March 1, 1992; previously amended and lettered as subd (c) effective January 1, 2007; previously relettered as subd (d) effective January 1, 2008.)

(Subd (e) amended effective July 1, 2008; adopted as part of subd (b) effective March 1, 1992; previously amended and lettered as subd (d) effective January 1, 2007; previously relettered as subd (e) effective January 1, 2007.)

(Subd (f) relettered effective January 1, 2008; adopted as subd (c) effective March 1, 1992; previously amended and relettered as subd (e) effective January 1, 2007.)

(Subd (g) relettered effective January 1, 2008; adopted as subd (d) effective March 1, 1992; previously amended effective July 1, 1997; previously amended and relettered as subd (f) effective January 1, 2007.)

(Subd (h) amended effective January 1, 2017; adopted as subd (e) effective March 1, 1992; previously amended effective July 1, 1997, and May 1, 1998; previously amended and relettered as subd (g) effective January 1, 2007; previously relettered as subd (h) effective January 1, 2008.)