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      RS 13:850     


§850. Facsimile transmission; filings in civil actions; fees; equipment and supplies

            A. Any document in a civil action may be filed with the clerk of court by facsimile transmission. All clerks of court shall make available for their use equipment to accommodate facsimile filing in civil actions, and the clerks of court shall not intentionally turn off or disconnect the equipment used to receive facsimile filings. Filing shall be deemed complete on the date and time indicated on the clerk of court facsimile transmission receipt. No later than on the first business day after receiving a facsimile filing, the clerk of court shall transmit to the filing party via facsimile a confirmation of receipt and include a statement of the fees for the facsimile filing and filing of the original document. The facsimile filing fee and transmission fee are incurred upon receipt of the facsimile filing by the clerk of court and payable as provided in Subsection B of this Section. The facsimile filing shall have the same force and effect as filing the original document, if the filing party complies with Subsection B of this Section.

            B. Within seven days, exclusive of legal holidays, after the clerk of court receives the facsimile filing, all of the following shall be delivered to the clerk of court:

            (1) The original document identical to the facsimile filing in number of pages and in content of each page including any attachments, exhibits, and orders. A document not identical to the facsimile filing or which includes pages not included in the facsimile filing shall not be considered the original document.

            (2) The fees for the facsimile filing and filing of the original document stated on the confirmation of receipt, if any.

            (3) A transmission fee of five dollars.

            C. If the filing party fails to comply with any of the requirements of Subsection B of this Section, the facsimile filing shall have no force or effect. The various district courts may provide by court rule for other matters related to filings by facsimile transmission.

            D. In the event the filing party does not receive a confirmation of receipt pursuant to Subsection A of this Section, and the clerk's office asserts that it never received the facsimile transmission, the filing party may file a contradictory motion if he has electronic or other evidence that the facsimile filing was transmitted to the clerk's office on a particular day and at a specified time. The motion shall be filed with the section of court in which the case is assigned and the motion shall be conducted pursuant to Code of Civil Procedure Article 2591 et seq.

            E. The clerk may purchase equipment and supplies necessary to accommodate facsimile filings out of the clerk's salary fund.

            Acts 1991, No. 463, §1; Acts 1995, No. 1119, §1; Acts 2012, No. 826, §1; Acts 2016, No. 109, §1; Acts 2022, No. 115, §1.

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