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Electronic Services Procedures and Technical
Standards for Facsimile Filing
Sec. 1. Scope.
Pursuant to the provisions
of Section 4-4 of the Connecticut Practice Book, the following
procedures are established by the Office of the Chief Court
Administrator for filing by facsimile transmission pleadings, documents
or other papers to be filed with the court.
Sec. 2. Facsimile
Transmission of Pleadings, Documents and Other Papers
(a) Except as otherwise provided herein, any pleading,
document or other paper to be filed with the court, may be filed by
facsimile transmission. This section shall not apply to any pleadings,
documents or other papers which commence an action, to any filings which
must be accompanied by any fee or other payment, to criminal summonses
and complaints, Uniform Arrest Reports, arrest reports, bond forms and
seized property inventories, or to requests, applications, petitions and
other documents pertaining to restraining orders.
(b) Except for short calendar markings, any pleading,
document or other paper filed by facsimile transmission shall be
accompanied by a
Facsimile Transmission
Cover Sheet, form JD-CL-73, prescribed
by the Office of the Chief Court Administrator. Such filings shall not
exceed twenty pages, including the cover sheet, unless otherwise
directed by the court.
(c) An attorney or party who files any pleading, document
or other paper by facsimile transmission shall cause the transmitting
facsimile machine to print a transmission record of each transmission.
The transmission record shall be retained by the sending attorney or
party. If the facsimile document is not filed with the court as set out
in subsection (e) herein because of an error in transmission, the
occurrence of which was unknown to the sender, or because of a failure
to process the facsimile document when received by the court, the sender
may move for an order to allow the filing of the document as deemed
appropriate by the court. The motion shall be accompanied by the
transmission record, a copy of the document transmitted, and an
affidavit of transmission.
(d) The facsimile transmission received by the clerk
shall be deemed the original and shall be considered signed for purposes
of Section 4-2 of the Practice Book. The attorney or party who files any
pleading, document or other paper by facsimile transmission shall retain
a signed copy of the pleading, document or other paper during the
pendency of the action, any appeal period and any applicable appellate
process. The copy retained by the attorney or party shall contain a
certification signed by the attorney or party indicating that the
document is a true copy of the document that was transmitted by
facsimile to the clerk. The attorney or party shall produce the signed
copy upon request of the Court. Upon failure to produce the document,
the Court may take any action and impose any sanction it deems
appropriate.
(e) Facsimile transmission shall be complete upon receipt
of the entire document by the clerk. Facsimile transmissions completed
after the normal business hours of the court shall be deemed to have
been filed on the next court day. The date of filing shall be as
recorded on the document by the clerk.
(f) If the facsimile document exceeds the twenty page
limit, is incomplete as transmitted, is faxed to the wrong court or is
otherwise not in compliance with the requirements of this section, the
clerk shall not file the transmitted document, but shall destroy it and
return the cover sheet to or otherwise notify
the sender with a statement as to why the document was not filed.
Effective July 1, 2004
E-Services
Procedures and Technical Standards
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