D.C. Mun. Regs. r. 27-407

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-407 - ELECTRONIC SERVICE OF PLEADINGS AND OTHER DOCUMENTS
407.1

Electronic and Facsimile Service. All parties or their representatives may make service upon other parties electronically through the E File Service. Parties who subscribe to the E File Service consent to receive electronic service of documents via the E Filing Service. Parties, or their designated counsel, shall receive all documents E Filed and E Served upon them via access to the Vendor's system over the Internet or, if a party or party's designee has not subscribed to the Services, via facsimile transmission. For the purposes of this Rule, service of documents via facsimile is hereby authorized in addition to those methods of service permitted in Subsection 108.3.

407.2

Effect of Electronic Service of Filings. The electronic service of a pleading or other document shall be considered as valid and effective service on all parties and shall have the same legal effect as an original paper document. Proof of service required by Section 109 shall not be necessary for electronically filed documents.

407.3

Service on Parties; Time to Respond or Act. E Service shall be deemed complete at the time a document has been received by the Vendor's system as reflected by the authorized date and time appearing on the confirmation provided, however, for the purpose of computing time for any other party to respond, any document filed on a day or at a time when the Board is not open for business shall be deemed to have been filed at the time of next opening of the Board for business. If electronic service on a party does not occur because of (1) inaccessibility to the Vendor's system; (2) an error in the Vendor's transmission of notice to the party being served, (3) the Vendor's failure to process the electronic filing for service, or (4) the party was erroneously excluded from the service list, the party to be served shall, absent extraordinary circumstances, be entitled to an order extending the date for any response or the period within which any right, duty or other act must be performed.

In the event of service via facsimile, the Vendor's system will record the date and time the fax transmission was completed as proof of service.

D.C. Mun. Regs. r. 27-407

Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by Emergency and Proposed Rulemaking published at 52 DCR 4782 (May 20, 2005) [EXPIRED]; amended by Final Rulemaking published at 67 DCR 1734 (4/6/2020)