Rule 5.1. Filing and Service by Facsimile Transmission and Electronic Mail

(a) Filing by Facsimile Transmission and Electronic

Mail.

(1) A party may file documents by fax or electronic mail

as permitted by administrative order of the presiding judge or

with prior written consent of the judge assigned to the case.

Unless the court orders that the original document be filed, a

party filing a document by fax or electronic mail shall retain

the original and shall produce it for inspection upon request of

another party to the action or as ordered by the court.

(2) An administrative order permitting documents to be

filed by fax or electronic mail may set limits on the size of

electronic documents that can be accepted, the format of the

documents, the frequency with which a party may file

documents, and may establish other particular requirements

and limitations.

(3) Documents filed by fax or electronic mail that are

received by the court before 4:30 p.m. on a day that the court is

open for regular business are deemed to have been filed on that

business day; documents filed by fax or electronic mail that are

received by the court after 4:30 p.m. are deemed to have been

filed on the next day that is not a Saturday, Sunday, or a

judicial holiday listed in Administrative Rule 16.

(b) Filing Foreign Domestic Violence Protective

Orders by Facsimile Transmission. Notwithstanding any

general administrative orders concerning fax filings issued

under (a) of this rule, a court shall accept faxed certified copies

of domestic violence protective orders issued by other states,

tribes, or territories if (1) the order is faxed by the issuing

court, and (2) the facsimile contains a certification that the

faxed order is a true and correct copy of the original order on

file with the issuing court.

ative orders concerning fax filings issued

under (a) of this rule, a court shall accept faxed certified copies

of domestic violence protective orders issued by other states,

tribes, or territories if (1) the order is faxed by the issuing

court, and (2) the facsimile contains a certification that the

faxed order is a true and correct copy of the original order on

file with the issuing court.

(c) Service by Facsimile Transmission and Electronic

Mail.

(1) Application of this Rule. This rule governs the

service of documents by fax or electronic mail. It applies only

to documents that may be served under Civil Rule 5(b). It does

not apply to documents that must be served under Civil Rule 4.

It applies to service by parties and by the court except as

provided by Civil Rule 5.3.

(2) Method of Service. Service by fax is made by

successfully transmitting the document to the facsimile

machine telephone number of a person who has consented to

be served in this manner. Service by electronic mail is made by

successfully sending an electronic file to an electronic mail

address of a person who has consented to be served in this

manner. Additional service by mail is not required; however, a

copy of the document must be mailed to the person upon

request.

(3) Consent to Service. A person who is willing to accept

service by fax or electronic mail in an action shall so indicate

beneath the signature in the person's initial filing or by serving

and filing a separate notice of consent. A party may revoke

consent by serving and filing a separate notice that consent has

been revoked.

(4) Page Limit. A person may serve by fax a total of 25

pages per recipient per day unless the parties have agreed to a

different page limit. Cover sheets and separators do not count

toward the page limit.

re in the person's initial filing or by serving

and filing a separate notice of consent. A party may revoke

consent by serving and filing a separate notice that consent has

been revoked.

(4) Page Limit. A person may serve by fax a total of 25

pages per recipient per day unless the parties have agreed to a

different page limit. Cover sheets and separators do not count

toward the page limit.

(5) When Service is Complete. Service by electronic

mail is complete upon receipt in the party’s electronic mail

account. Service by fax is complete upon receipt of the entire

document by the receiving party's facsimile machine. Service

that occurs in whole or in part after 4:30 p.m. shall be deemed

to have occurred at the opening of business on the next day

that is not a Saturday, a Sunday, or a judicial holiday listed in

Administrative Rule 16.

(6)

Proof of Service. If service is made by fax or

electronic mail, proof of service must be made in accordance

with Civil Rule 5(f), including the date and time of the

transmission.

Note:

Presiding judges’ fax filing orders are available on

the court system’s website at:

http://www. courts.alaska.gov /jord/index.htm#trial. Copies

may also be obtained from the office of the court rules

attorney, 820 W. 4th Ave., Anchorage, AK 99501, (907) 264-

8231.