The Utah Supreme Court and the Utah Court of Appeals have implemented
the following fax filing policy, effective August 24, 1998:
1. Fax filings are permitted for documents of 10 pages or less except
that regardless of length, petitions for interlocutory appeal, petitions
for writ of certiorari and petitions for review may not be filed by
fax.
2. The faxed document, which must bear a facsimile of the required
signature, will be accepted as an "original" document until
the true original (and any required copies) are received by the court.
The original must be received by the court (postmarked or hand-delivered)
within 5 business days from the date of the transmission by fax. If
the original is not received by the appellate court within that period,
the filing may be treated as ineffective and untimely.
3. A fax filing is considered "received" when stamped by
the clerks' office. The time for stamping is limited to regular office
hours (8:00 a.m. to 5:00 p.m., weekdays). For example, a fax bearing
a filing time of 5:05 p.m. will be stamped as received on the next business
day.
4. Any document filed by fax must also be served concurrently on all
other parties to the appeal, and the faxed document must contain a certificate
of service attesting to such service and that the document was initially
filed with the court by fax. The time for filing a response to a document
filed by fax runs from the date the document was faxed to the court.
5. All risks associated with fax filing are borne by the sender (e.g.
court's phone system being out of order, the receiving fax machine running
out of paper, etc.).
