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Rules Adopted by the Supreme Court

Rules Relating to District Courts

Rule 119
Commencement of Actions, Pleadings, and Related Matters

Facsimile Filing

(a) How To File by Fax.

(1) An attorney may file by fax directly to the Office of the Clerk of the District Court, at the facsimile numbers designated by the clerk, a document of not more than ten (10) pages. A document may not be split into multiple fax transmissions to avoid the page limitation. The required cover sheet and any special processing instructions are not included in the ten (10) page limitation.

(2) Within the ten (10) page limitation in (d)(1), a petition may include related summonses and service copies. If the inclusion of related summonses and service copies with the petition would cause the transmission to exceed the ten (10) page limitation, then all additional copies and summonses shall be delivered to the clerk in a manner other than by facsimile transmission and shall be accompanied by a request for service.

(3) Each facsimile document filed shall be accompanied by the Facsimile Transmission Cover Sheet. The cover sheet shall be the first page transmitted, followed by any special processing instructions. A cover sheet that contains financial information as per section (d) herein shall not be filed in a case or publicly disclosed. Such cover sheets shall be kept in a separate confidential file for a minimum of one year after audit.

(4) The first page of each document filed by fax shall include the words "By Fax." Each page shall be numbered and shall include an abbreviated caption of the case and an abbreviated title of the document. The attorney shall also include his or her name, address, telephone number, fax number, and Supreme Court registration number on the document. The document placed in the transmitting fax machine shall comply with all applicable rules on the form, format, and signature of papers. A signature reproduced by facsimile transmission will be treated as an original signature.

(5) Forms. The forms contained in the Appendices shall be used in compliance with this rule. The Facsimile Transmission Cover Sheet shall be in the form set forth in Appendix A to this rule. The Affidavit of Transmission by Fax required by (a)(6) shall be in the form set forth in Appendix B to this rule.

(6) An attorney filing by fax shall cause the transmitting facsimile machine to print a transmission record of each filing by fax. If the facsimile filing is not filed with the court because of (A) an error in the transmission of the document the occurrence of which was unknown to the sender or (B) a failure to process the facsimile filing when received by the court, the sender may move the court for an order filing the document nunc pro tunc. The motion shall be accompanied by the transmission record, a copy of the document transmitted, and an Affidavit of Transmission by Fax as set forth in Appendix B.

(7) Each court shall have its facsimile machine available on a 24-hour basis. This provision does not prevent the Clerk of the District Court from sending documents by fax or providing for normal repair and maintenance of the fax machine. Facsimile filings received in the Office of the Clerk of the District Court shall be deemed filed as of the time printed by the court facsimile machine on the final page of the facsimile document received, subject to the provisions of (d)(3). The district court shall have discretion to impose limitations on the numbers of fax-filings by any one attorney by order or by local rule.

(b) Service of Papers by Fax.

(1) Service by fax shall be made by transmitting the document to the attorney's designated facsimile machine telephone number. Service of papers pursuant to K.S.A. 60-205 may be made by facsimile transmission only in proceedings subject to these rules and only on an attorney representing a party.

(2) An attorney consents to service by fax in a proceeding by: (A) filing a document by fax in that proceeding; (B) serving a document by fax in that proceeding; or (C) serving a pleading which includes the attorney's fax number on the pleading. The three-day mailing rule of K.S.A. 60-206(e) does apply to those who have consented to be served by fax and are served by fax.

(3) An attorney who consents to fax service shall make his or her fax machine available for receipt of documents on a 24 hour basis, 7 days per week. This provision does not prevent the attorney from sending documents by fax or providing for normal repair and maintenance of the fax machine.

(4) Service by fax is complete upon generation of a transmission record by the transmitting machine indicating the successful transmission of the entire document.

(5) A certificate of service by fax shall include the following:

(A) the date of transmission;

(B) the name and facsimile machine telephone number of the person served;

(C) a statement that the document was transmitted by facsimile transmission and that the transmission was reported as complete and without error;

(D) the signature of the attorney or the person making the transmission.

(6) A court may serve a notice by fax if the notice may be served by mail. The notice may be served by fax on an attorney who consents to fax service under subsection ( 1) of this section.

(c) Possession of Documents. An attorney who files by fax shall retain the original document in his or her possession or control during the pendency of the action and shall produce such document upon request under K.S.A. 60-234 by the Court or any party to the action. Upon failure to produce such document, the Court may strike the fax and may impose sanctions under K.S.A. 60-211.

(d) Payment of Fees.

(1) Only credit card systems designated by the Office of Judicial Administration may be used to charge docket fees, filing fees, fax service charges, and any other fees or charges.

(2) The cover sheet of a fax document requiring the payment of a docket fee shall include (A) the name of the credit card system and the account number to which the fees shall be charged, (B) the signature of the cardholder authorizing the charging of the fee, and (C) the expiration date of the credit card.

(3) If the charge for the docket fee is rejected by the credit card issuing company the pleading shall not be deemed filed pursuant to K.S.A. 60-2001.

(e) Applicability. These rules apply to all district court proceedings except small claims as defined in K.S.A. 61-2703.

(f) Definitions. As used in this rule, unless the context requires otherwise:

(1) "Document" includes not more than one pleading and all exhibits except
those, the original of which, by statute, must be filed with the Clerk of the District Court.

(2) "Facsimile filing" or "filing by fax" means the facsimile transmission of a document to a court or fax filing agency for filing with the court.

(3) "Facsimile machine" means a machine that can send a facsimile transmission using the international standard for scanning, coding, and transmission established for Group 3 machines by the Consultative Committee of International Telegraphy and Telephone of the International Telecommunications Union (CCITT), in regular resolution.

(A) A facsimile machine used to send documents to a court shall send at an initial transmission speed of no less than 4800 baud and be able to produce a transmission record.

(B) As applied to a court, or fax filing agency, "facsimile machine" also means a receiving unit meeting the standards specified in this subdivision which prints on plain bond paper or is connected to and prints through a printer on plain bond paper and a facsimile modem that is connected to a personal computer that prints through a printer which prints on plain bond paper. The receiving unit shall also automatically place the date and time of receipt on the printed transmission.

(4) "Facsimile transmission" means the transmission of a copy of a document by a system that encodes a document into electronic signals, transmits the signals over a telephone line, and reconstructs the signals to print a duplicate of the document at the receiving end.

(5) "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted.

(6) "Fax filing agency" means an entity that receives documents by fax for processing and filing with the court.

(7) "Service by fax" means the transmission of a document to the attorney for a party under these rules.

(8) "Transmission record" means the document printed by the sending facsimile machine stating the telephone number of the receiving machine, the number of pages sent, the transmission time, and an indication of errors in transmission.

(g) Fax Filing Agency.

(1) An attorney or a party may transmit a document, without page limitation, by fax to a fax filing agency for filing with the court. The fax filing agency acts as the agent of the filing party and not as an agent of the court.

(2) A fax filing agency shall not be required to accept papers for filing unless appropriate arrangements for payment of docket fees and service charges have been made by the transmitting person before the papers are transmitted to the fax filing agency.



Case Annotations
1. Requirements of facsimile filing according to Rule 119 are discussed. In re Care and Treatment of Goracke, 27 Kan.App.2d 837, 9 P.3d 595 (2000).

LINK TO :
APPENDIX A: FACSIMILE TRANSMISSION COVER SHEET
APPENDIX B: AFFIDAVIT OF TRANSMISSION BY FAX
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[History: New rule effective January 1, 1993; amended July 15, 1993; Am. effective September 8, 2006.]