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Current as of January 01, 2025 | Updated by Findlaw Staff
WHEREAS, by Order # C2-87-1853 dated October 3, 1988, this Court extended the authorization for filing of papers and issuance of orders and warrants by use of facsimile transmission equipment until January 1, 1989; and
WHEREAS, filing papers by the use of facsimile transmission has been incorporated into the Rules of Civil Procedure by an amendment effective January 1, 1989; and
WHEREAS, incorporation of the use of facsimile transmission, where appropriate, into other rules promulgated by this Court will provide clear notice of such use to all members of the practicing bar and the public;
NOW, THEREFORE, IT IS ORDERED that, effective January 1, 1989, facsimile transmission is allowed subject to the following conditions:
A. Equipment. Only facsimile transmission equipment that satisfies the published criteria of the Supreme Court shall be used for filing and issuance of orders and warrants under this Order.
B. Permitted Use.
(1) Issuance of Orders or Warrants.
(a) Facsimile transmission may be used for the issuance of all orders and warrants including, but not limited to, the following circumstances:
(i) Criminal matters for the issuance of arrest and search warrants;
(ii) Juvenile matters for the issuance of orders or warrants for taking a juvenile into custody and for the release or detention of the juvenile;
(iii) Family matters for the issuance of ex parte temporary orders for protection; and
(iv) Civil cases for the issuance of temporary restraining orders.
(b) All procedural and statutory requirements for the issuance of a warrant or order, including the making of a record of the proceedings, shall be met.
(c) For all procedural and statutory purposes, the facsimile shall have the same force and effect as the original.
(d) The original order or warrant, along with any other documents, including affidavits, shall be delivered to the court administrator of the county where the request or application for the order or warrant was made.
(2) Filing. Filing of all papers in the district court shall be permitted by use of facsimile transmission pursuant to the terms and conditions ofRule 5.05 of the Minnesota Rules of Civil Procedurefor the District Court.
IT IS FURTHER ORDERED that all advisory committees established by this Court in regard to rules governing procedure in appeals and criminal, juvenile, probate, commitment, and family law matters shall consider the adoption of appropriate amendments that will incorporate the use of facsimile transmission into the rules of procedure and report their recommendations to this Court at the next available opportunity.
Dated November 21, 1988.
WHEREAS, by Order # C2-87-1853 dated November 21, 1988, this Court authorized the filing of papers and issuance of warrants and orders by use of facsimile transmission equipment that satisfies the published criteria of this Court; and
WHEREAS, the fair and efficient administration of justice requires the establishment of a uniform standard for facsimile transmission equipment operated by the courts of this state; and
WHEREAS, the International Telegraph and Telephone Consultative Committee (CCITT) of the International Telecommunications Union has established standards for facsimile transmission equipment, and
WHEREAS, facsimile transmission equipment that meets the standards established for the CCITT category “Group 3” provides the highest operating speed and image resolution available for use over the public telephone network;
NOW, THEREFORE, IT IS HEREBY ORDERED that, until further order of this Court, facsimile transmission equipment operated by the courts of this state for the purposes of filing of papers and issuance of warrants and orders shall comply with the standards for Group 3 apparatus established by the CCITT [currently set forth in Recommendations T.4 and T.30, Vol. VII--Fascicle VII.3,CCITT Red Book; Malaga-Torremolinos 1984(U.N. Bookstore Code ITU 6731) ]. At the discretion of the court or judicial district operating such equipment, such equipment may also be compatible with machines in CCITT Groups 1 and 2.
IT IS FURTHER ORDERED that it is the responsibility of persons desiring to file documents with the courts of this state by the use of facsimile transmission equipment to utilize facsimile transmission equipment that is compatible with facsimile transmission equipment operated by the courts of this state.
Dated January 31, 1989
Cite this article: FindLaw.com - Minnesota Statutes Court Rules Order Facsimile Transmission - last updated January 01, 2025 | https://codes.findlaw.com/mn/minnesota-court-rules/mn-st-order/
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