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WA · rules

Wash. Gen. R. 17

Facsimile Transmission

activein force · 2017-09-01 – presentact-effective-date

(a) Facsimile Transmission Authorized; Exceptions.

(1) Except as set forth in subsection (a)(5), the clerks of the court may accept for filing

documents sent directly to the clerk or to another by electronic facsimile (fax) transmission. A

fax copy shall constitute an original for all court purposes. The attorney or party sending the

document via fax to the clerk or to another shall retain the original signed document until 60 days

after completion of the case. Documents to be transmitted by fax shall bear the notation: "SENT

on _______________ (DATE) VIA FAX FOR FILING IN COURT.

(2) If a document is transmitted by facsimile to another for filing with a court, by local

court rule the person responsible for the filing may be required to attach an original affidavit as

the last page of the document. The affidavit must bear the name of the court, case caption, case

number, the name of the document to be filed, and a statement that the individual signing the

affidavit has examined the document, determined that it consists of a stated number of pages,

including the affidavit page, and that it is complete and legible. The affidavit shall bear the

original signature, the printed name, address, phone number and facsimile number of the

individual who received the document for filing.

(3) The clerk of the court may use fax transmission to send any document requiring

personal service to one charged with personally serving the document. Notices and other

documents may be transmitted by the clerk to counsel of record by fax.

(4) Clerks may charge reasonable fees to be established in statute, for receiving, collating,

and verifying fax transmissions.

(5) Without prior approval of the clerk of the receiving court, facsimile transmission is not

authorized for judge's working copies (courtesy copies) or for those documents for which a filing

fee is required. Original wills and negotiable instruments may not be filed by facsimile

transmission.

(6) Facsimile Machine Not Required. Nothing in this rule shall require an attorney or a

clerk of a court to have a facsimile machine.

(b) Conditions.

(1) Documents transmitted to the clerk by fax shall be letter size (8-1/2 by 11 inches).

Unless otherwise provided by local court rule, documents over 20 pages in length may not be

filed by fax without prior approval of the clerk.

(2) Any document transmitted to the clerk by fax must be accompanied by a fax transmittal

sheet in a format prescribed by the court. The form must include the case number (if any), case

caption, number of pages, the sender's name, the senders voice and facsimile telephone numbers,

and fax fee remittance certification. Transmittal sheets are not considered legal filings.

(3) A document transmitted directly to the clerk of the court shall be deemed received at the

time the clerk's fax machine electronically registers the transmission of the first page, regardless

of when final printing of the document occurs, except that a document received after the close of

normal business hours shall be considered received the next judicial day. If a document is not

completely transmitted, it will not be considered received. A document transmitted to another for

filing with the clerk of the court will be deemed filed when presented to the clerk in the same

manner as an original document.

(4) Court personnel will not verify receipt of a facsimile transmission by telephone or

return transmission and persons transmitting by facsimile shall not call the clerk's office to verify

receipt.

(5) The clerk shall develop procedures for the collection of fax service fees for those

documents transmitted directly to the clerk. Nonpayment of the fax service fee shall not affect the

validity of the filing.

(6) Agencies or individuals exempt from filing fees are not exempt from the fax service

fees for documents transmitted directly to the clerk.

History

[Adopted effective September 1, 1993; Amended effective September 1, 2017.]

Provenance

Source
www.courts.wa.gov
Retrieved
2026-09-16
Edition
2026-09-16
Content hash
f74f86cd62bb895acf8f7ce3bcad6f781b2fb26ffe4cd78628f1cefa4c42be95
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