If the local rule requires a hard copy file, the requirement may extend to all case or only to certain specified cases. For example, the court may require hard copy files for cases listed for trial or scheduled for argument while maintaining only electronic files for all other cases. Service of Legal Papers Other than Original Process. If such service cannot be made, service shall be made by leaving a copy at or mailing a copy to the last known address of the party to be served. A legal paper may be served by electronic transmission, other than facsimile transmission, if the parties agree thereto or an electronic mail address is included on an appearance or prior legal paper filed with the court.
Service is complete when transmission is confirmed as complete.
Explanatory Comment Proposed Rule 205.4 governing the electronic filing of legal papers and the amendment to Rule 440 to provide for the electronic service of legal papers are being published as a preliminary working draft to solicit comments and suggestions from the bench and bar. The recommendation is the first step in a process of introducing the concept of electronic documents into a system accustomed solely to paper documents and it is anticipated that changes in the procedural rules will be needed as technology progresses. The purpose of the recommendation is not to provide a comprehensive manual but, rather, guidelines for the electronic filing and service of legal documents. It is an attempt to accommodate the rules of civil procedure with developing technological capabilities in a way which will enhance the efficient practice of law and administration of the courts. These rules are structured in general terms to allow for the varying technological capabilities of the individual courts.