Current through Register Vol. 43, No. 45, November 7, 2024
Section 94-5-11 - Facsimile filing(a) The court's facsimile machine shall be available on a 24-hour basis, seven days each week. This requirement shall not prevent the court from sending documents by fax or from making repairs to and maintaining the facsimile machine.(b) Each complete facsimile filing received in the court's office at or before 5:00 p.m. on a regular workday shall be deemed filed on that day. Each filing received after 5:00 p.m. shall be filed as if received on the next regular court workday. The time of receipt shall be the time printed by the court's facsimile machine on the final page of the facsimile-received document. Each filing received on a Saturday, Sunday, or legal holiday shall be filed as if received on the next regular court workday. Each pleading filed by facsimile shall be followed by any applicable filing fees.(c) Each pleading or other document filed by facsimile transmission shall have the same effect as that of any pleading or other document filed with the court by other means. A facsimile signature shall have the same effect as that of an original signature. Only one copy of the pleading or other document shall be transmitted.(d) Each certificate of service shall state the date of service and the facsimile telephone numbers of both the sender and the receiver.(e) The sender may petition the court for an order filing a document nunc pro tunc if a facsimile filing is not filed with the court because of either of the following:(1) An error in transmission of the document, the occurrence of which was unknown to the sender at the time of transmission; or(2) a failure to process the facsimile filing when received by the court.(f) The petition specified in subsection (e) shall be accompanied by the transmission record, a copy of the document transmitted, and an affidavit of transmission by fax as specified in Kansas supreme court rule 119 relating to district courts, appendix B.Kan. Admin. Regs. § 94-5-11
Authorized by and implementing K.S.A. 2009 Supp. 74-2437; effective Oct. 29, 2010.