§ 43.02 Filing of Pleadings and Other Papers
43.02. Filing of Pleadings and Other Papers
(a) Filing--When Required. All papers after the petition required to be served upon a party and filed with the court shall be filed either before service or within five days thereafter.
(b) Filing With the Court--Defined. The filing of pleadings and other papers with the court as required by Rules 41 through 101 shall be made by filing them with the clerk of the court, except that a judge may permit the papers to be filed with the judge, who shall note thereon the filing date and forthwith transmit them to the office of the clerk.
(c) Filing With the Court--Electronic Transmission. By local court rule, a court, in cooperation with the office of the clerk of the court, may authorize the filing by electronic transmission of such motions, applications, orders, judgments, warrants, pleadings and the like as may be deemed desirable.
For purposes of the rule, electronic transmission shall mean facsimile transmission or e-mail.
If filing by electronic transmission is authorized by local rule, any pleading or other filing shall have the same effect as the filing of an original document, even though it may be required to be verified or submitted by affidavit. A facsimile or electronic signature shall have the same effect as an original signature.
The person filing a pleading or other filing by electronic transmission shall retain the signed filing and make it available upon order of the Court.
(d) Electronic Filings in this Court.
(1) Any document, including an original filing, may be filed by electronic transmission in this Court by a master, special commissioner, or referee appointed to hear a case filed in this Court. Any document filed by a master, special commissioner, or referee shall be filed without assessment of any fee.
(2) Correspondence and routine motions, including a motion pursuant to Rule 43.02(d)(3) to permit filing by electronic transmission, requiring only the original for filing shall be accepted for filing by electronic transmission if the document, together with any supporting documentation, does not constitute more than five pages.
(3) Any document not encompassed by Rule 43.02(d)(1) or Rule 43.02(d)(2) may be filed by electronic transmission in this Court only if a motion permitting such filing has been sustained. The motion shall only be sustained upon a showing of good cause as to why electronic transmission is necessary. Except in extraordinary circumstances, the Court shall not sustain any such motion for the electronic filing of a notice of appeal, petition for review, petition for a writ, application for transfer, legal file, transcript, brief, motion for rehearing, motion to recall the mandate, or suggestions in opposition to an application for transfer, petition for a writ, or motion for rehearing.
(4) Electronic filings received at the Court before 4:00 p.m. of a regular workday are deemed filed as of that day. Filings eceived after 4:00 p.m. are deemed filed on the next regular Court workday. Time of receipt shall be determined by the Court machine or computer. If a document filing is not received by the clerk or if it is illegible, it is deemed not filed. Risk of loss in transmission, receipt or illegibility is upon the party transmitting and filing by electronic transmission.
(5) Other provisions for electronic filings shall be in accordance with Rule 43.01 and Rule 43.02.