Rule 12 - Facsimile Transmission(A) Definitions. For the purposes of this rule, the definitions set forth in this paragraph shall apply: (1) Cover Sheet means a descriptive initial page that accompanies an electronic facsimile transmission; (2) Electronic Facsimile Transmission, commonly referred to as "FAX," means a method of transmitting and receiving information in paper medium over telephone lines or other forms of electronic transmissions; (3) Original Document means the initially prepared written document or any counterpart intended to have the same effect by the creator; and (4) Duplicate Document means a written counterpart of the original produced by the same impression as the original or from the same matrix or by digitized electronic transmission, readable by sight, which accurately reproduces the original. (B) Filing by Electronic Facsimile Transmission. In counties where a majority of judges of the courts of record, by posted local rule, have authorized electronic facsimile filing and designated a telephone number to receive such transmissions, pleadings, motions, and other papers may be sent to the Clerk of Circuit Court by electronic facsimile transmission for filing in any case, provided: (1) such matter does not exceed ten (10) pages, including the cover sheet; (2) such matter does not require the payment of fees other than the electronic facsimile transcription fee set forth in paragraph (E) of this rule; (3) the sending party creates at the time of transmission a machine generated log for such transmission; and (4) the original document and the transmission log are maintained by the sending party for the duration of the litigation. (C) Time of Filing. During normal, posted business hours, the time of filing shall be the time the duplicate document is produced in the office of the Clerk of the Circuit Court. Duplicate documents received at all other times shall be filed as of the next normal business day. If the receiving FAX machine endorses its own time and date stamp upon the transmitted documents and the receiving machine produces a delivery receipt which is electronically created and transmitted to the sending party, the time of filing shall be the date and time recorded on the transmitted document by the receiving FAX machine.
(D) Cover Sheet. Any document sent to the Clerk of the Circuit Court by electronic facsimile transmission shall be accompanied by a cover sheet which states the title of the document, case number, number of pages, identity and voice telephone number of the sending party and instructions for filing. The cover sheet shall contain the signature of the attorney or party, pro se, authorizing the filing. (E) Electronic Facsimile Transmission Fee. Upon request and at an amount approved by the majority of judges of courts of record in the county, the County Board of Commissioners may adopt an electronic facsimile transmission fee not to exceed ten dollars ($10.00) per transmission. (F) Standards. Electronic facsimile transmission equipment used by courts and their offices under this rule shall comply with "Group III" level equipment standards established by the CCITT (Consultative Committee International Telegraph and Telephone of the International Telecommunications Union), which provides standards for operating speed and image resolution available for use over public telephone networks. Pleadings and papers filed by electronic facsimile transmission shall be letter size. Adopted effective 1/1/1992; amended Dec. 5, 1994, effective 2/1/1995.