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How to send a fax to a court
Courts in the United States have moved heavily to electronic filing. Federal courts use the CM/ECF system, and many state courts have their own e-filing portals. Fax still has a place, though: some state and local courts accept certain filings by fax, and clerks' offices sometimes ask for a document to be faxed. The rules differ from court to court, and getting them wrong can mean a rejected filing. This send-a-fax.com guide covers what to check first and how to send a court fax carefully.
Get Started NowCheck the court's rules first
Before you fax anything to a court, read its local rules and the clerk's instructions, or call the clerk's office. Look for answers to these questions:
- Does this court accept filings by fax at all, and for which case types?
- Is fax filing allowed directly, or only through an approved fax filing service?
- Are there fees, page limits or a required cover sheet?
- What is the official fax number for filings, and is it different from the number for general correspondence?
- When is a faxed filing treated as filed, and what happens to faxes received after hours?
- Is the original required to follow by mail?
Faxes to judges' chambers
Many courts do not allow faxes to a judge's chambers unless the judge has asked for or permitted them, and sending case material directly to chambers can raise ex parte concerns. If you are unsure, send to the clerk's office and ask how the court wants the document delivered. The same caution applies to opposing counsel: if you fax a filing to the court, the rules usually require you to serve the other parties too, by whatever method the rules allow, and to note how you served them in your certificate of service.
Preparing and sending the fax
Lawyers, paralegals and self-represented parties can send from a browser with FaxToFax.com, the service send-a-fax.com recommends.
- Save the signed document as a PDF, following the court's formatting rules for caption, margins and signatures.
- Sign in with your email and the one-time code.
- Attach the PDF and add a cover page with the case name, case number, court, document title, your name and phone number, and the total page count. Use the court's own cover sheet if it requires one.
- Enter the fax number exactly as the court lists it, and check it when it is confirmed before sending.
- Send, and wait for the Delivered status.
- Download the time-stamped delivery receipt and file it with your copy of the document.
Proof, deadlines and confidentiality
The delivery receipt shows when your fax reached the court's machine. Whether that time counts as the filing time is set by the court's rules, so do not leave a deadline to the last minute and assume a late-night fax will count for that day. If a fax shows Failed, it used no pages; check the number and try again straight away, and call the clerk if it keeps failing.
For attorneys, ABA Model Rule 1.6(c) asks lawyers to make reasonable efforts to prevent unauthorized disclosure of client information. Faxes are encrypted in transit and at rest, replies arrive in a private encrypted inbox rather than by email, and an append-only audit log records every view, download and send. The service is built with safeguards for Model Rule 1.6(c).
How to Send a Fax to a Court: questions
Can I file court papers by fax?
Only if that court allows it. Many courts now require e-filing. Check the court's local rules or call the clerk's office before relying on fax.
Is a fax delivery receipt proof of filing?
It is proof of when your fax was delivered to the number you dialed. Whether that counts as filing depends on the court's rules.
Can I fax a letter to the judge?
Usually not, unless the judge has asked for it. Send correspondence through the clerk's office and follow the court's rules on communications with chambers.
Do I need to mail the original afterwards?
Some courts require it and others do not. The clerk's instructions or local rules will say.
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