βοΈ Can You Fax a Court Filing? Rules and Cost
Most US courts do not accept filings by fax. Federal courts take filings through their electronic system, CM/ECF, or on paper at the clerk's office, and many state courts have no fax route at all. Some state courts do accept fax filings, but only where their own local rule allows it and only at the number that rule gives. When your court does allow it, a US fax costs $2.99 for up to 3 pages and $0.99 for each extra page.
π In This Guide
Most Courts Do Not Take Filings by Fax
Federal courts use CM/ECF, their electronic filing system. Lawyers must file electronically, and the federal judiciary notes that some courts also let bankruptcy claimants and people without a lawyer use CM/ECF. Everyone else files paper at the clerk's office, by mail or in person, as that court's local rules say.
Federal courts are direct about fax. The District of Connecticut answers the question with "No, the court does not permit filing by email or fax," and the Western District of Missouri says "faxed documents are not accepted in District Court." If your case is in federal court, do not fax a filing unless a judge has told you in writing that you may.
State courts each set their own rules. In New York, for example, papers in Supreme Court and County Court civil cases may not be sent to the court by fax without advance approval of the justice assigned to the case (22 NYCRR 202.5-a). California is the main state with a full set of statewide fax filing rules, which the next section explains. For general legal paperwork that is not a court filing, see faxing legal and immigration documents.
The rule: fax a court filing only when that court's own local rule or fax filing page allows it, and only to the number printed there. If the court lists no fax number for filing, it does not take filings by fax.
California: Direct Fax Filing and Fax Filing Agencies
California Rules of Court 2.300 to 2.306 set out two ways to file by fax. The first is direct filing with the court (rule 2.304), which is allowed only with a court whose local rule provides for it. That local rule must give the fax number and any department numbers. The second is filing through a fax filing agency (rule 2.303): you fax your papers to the agency, which acts as your agent, not the court's, files them for you and pays the fee. An agency may refuse or discard papers from a sender who has no payment arrangement with it, so set that up first. Every California trial court must accept filings made through an agency.
Two courts show how different the answers can be. Lassen Superior Court takes direct fax filing for Civil, Probate and Family Law cases at (530) 251-2115, with a court fee of $1.00 per page on top of the filing fees and a possible card fee. Juvenile and appellate matters have separate pages, and criminal filings are not taken this way. Calaveras Superior Court does not accept direct fax filing except in exceptional circumstances with leave of court, and instead accepts filings through a fax filing agency.
Where to Find the Court Fax Number
The only safe source is the court itself: its local rules or its own fax filing page. There is no general court fax number, and many courts list none at all because they do not take fax. A number from an old letter or a directory may belong to an office that does not accept filings.
Read which case types the court's fax filing page covers, and if it is unclear, call the clerk's office and ask whether your filing can be faxed, and to which number.
Entering the Court Fax Number
Select United States as the country, then type all 10 digits of the court fax number, with no leading 1, no spaces and no dashes. The +1 is added for you, and if you type a 1 at the start, the box removes it. A number written as (530) XXX-XXXX is entered as 530XXXXXXX.
The pay button turns on only when all 10 digits are in, so a missing digit is caught before you pay. If the number is in Canada, select Canada and enter it the same way. For more help with the number box, see how to fax to a US number online.
What to Put on the Pages
In California, a direct fax filing must start with Judicial Council form MC-005, the Facsimile Transmission Cover Sheet (Fax Filing). It is the first page of your fax and is not filed in the case. It carries your payment details, which may include the card number, expiration date and signature, and Lassen also asks for the CVV, your phone, your email and a page count that matches what you send. Lassen rejects a fax with a missing or incomplete cover sheet. Each document must also have the words "By fax" directly below its title.
By sending, you confirm that the original signed document is in your possession or control, and other parties may ask to see it (rule 2.305). The rule treats a faxed signature as an original, so sign before you scan and keep the signed paper safe. Wherever you file, put the case number and your name on the first page, and number every page, such as "page 2 of 10".
Deadlines and the Court Cutoff Time
Your filing deadline comes from the court rules, the court's order or the notice in your case, and a fax does not give you more time. The time of day that counts is set court by court. At Lassen, a fax received by 4:00 PM Pacific on a court day is file-stamped that day, and one received later is filed the next court day. Check your court's page for its own cutoff and send well before it.
Serving papers on the other side by fax is a separate question from filing. In California, service by fax is allowed only if the parties agree to it and the agreement is confirmed in writing, and service completed after 5 p.m. counts as made on the next court day (rule 2.306).
Cost and Your Record
An MC-005 cover sheet and a nine-page motion is 10 pages, which costs $2.99 + 7 x $0.99 = $9.92. Court fees, such as Lassen's $1.00 per page, are separate.
There is no account to create, and nothing is printed on your document, so it arrives exactly as you uploaded it. Delivery usually takes a few minutes. If the fax cannot be delivered, the full amount goes back to your card automatically, and you can check the number and send again. When the fax goes through, you get a confirmation email that shows the destination number, the page count and the time it was sent, in US Eastern Time. Keep that email, because it is your record of exactly when it was sent and to which number.
A fax confirmation shows that your fax was sent; it does not show that the court filed it. A filing counts only when the court files it, so check the docket or ask the clerk for a conformed copy. In California, if a fax-filed document was not filed because of an unknown transmission error or a court processing failure, the sender may ask the court for an order filing it as of the original date, with the transmission record and a declaration (rule 2.304(d)). If a fax fails close to a deadline, file on paper at the clerk's office rather than waiting.
OverseasFax only sends faxes. If the clerk or the other side may fax something back to you, our sister service GetAFax.com gives you a private US fax number for 24 hours for $5, for up to 30 pages, and each fax arrives in your email as a PDF.
For a jury summons, see faxing a jury duty request, and for other topics, the US fax guide.
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Frequently Asked Questions
How much does it cost to fax a court filing to a California court?
Does a California superior court charge a fee to accept a fax filing?
Can I use a free fax service to send my MC-005 and court papers?
Do federal courts accept filings by fax?
I'm representing myself in federal court, can I fax my complaint to the clerk?
Which California courts allow direct fax filing?
What is a fax filing agency in California?
Can I fax a motion to a New York Supreme Court judge?
My filing deadline is today at the Lassen court, what time is the fax cutoff?
What is the fax number for filing at Lassen Superior Court?
How do I type a court fax number like (530) 251-2115?
What is form MC-005?
Where do I write By fax on my California court papers?
Can the court clerk fax me back a conformed copy?
Does my fax confirmation mean the court filed my papers?
What happens if my fax filing is rejected for an incomplete MC-005?
My fax to the court failed, am I charged?
Do I need to keep the original after I fax a court filing in California?
Can I serve the other party by fax instead of mail in California?
Can I fax a small claims filing to my county court?
Related Guides
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π Fax a Jury Duty Excuse or Postponement
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π Fax Child Support Documents
π US Fax Guide
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