Rule 4.5. Service of Legal Paper by Court and Clerk.
(a) The clerk and the court may serve all notices, opinions, and orders via electronic means where any one of the following has occurred:
(1) the parties have agreed to receipt of legal paper by electronic transmission;
(2) the underlying legal paper related to the notice, opinion or order was electronically filed; or
(3) an email address appears on an entry of appearance or other legal paper previously filed with the clerk in the action.
(b) The clerk and the court may serve all notices, opinions, and orders by facsimile in accordance with Rule 4.3(c).
Note
Rule 4.5 is based upon former Rule 3.7(i); it has been reformatted and relocated to this Chapter IV.
Explanatory Comment
This Rule 4.5 differs from its counterpart in former Rule 3.7(i) in several respects: first, this Rule permits the clerk and court to serve not only notices, but also opinions and orders, via electronic means as well as by facsimile; and second, it provides that the clerk and court are able to send notices, opinions, and orders via electronic means if the underlying legal paper was filed electronically. Service from the court and clerk as provided in Rule 4.5 can occur even if the local judicial district has not implemented electronic filing.
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