Legal Definitions - service by fax

Service by fax refers to the official delivery of legal documents, such as court filings, motions, or notices, to an opposing party in a lawsuit using a facsimile machine. This method is a recognized way to provide formal notification of legal proceedings. However, for service by fax to be legally valid, the party receiving the documents must have previously agreed, typically in writing, to accept service through this electronic means. This prior consent ensures that the recipient is prepared to receive important legal communications via fax and acknowledges its sufficiency for official notification.

Here are some examples illustrating service by fax:

• Example 1: Business Dispute Between Companies

  In a lawsuit between two corporations regarding a breach of contract, the attorneys representing both sides agree in writing at the outset of the case to accept service of all subsequent court documents, such as motions, discovery requests, and notices, via fax. When the plaintiff's attorney later files a motion to compel certain documents from the defendant, they fax a copy of the filed motion directly to the defendant's attorney. Because there was prior written consent, this fax transmission constitutes valid service by fax, officially notifying the defendant's attorney of the motion and its contents.

• Example 2: Landlord-Tenant Eviction Proceedings

  A landlord is pursuing an eviction against a tenant for unpaid rent. After the initial summons and complaint were properly served to the tenant by a process server, the tenant, who is representing themselves, provides a fax number to the court and explicitly agrees in writing to receive all future court documents related to the case via fax for convenience. When the landlord's attorney subsequently files a notice for a hearing, they transmit the notice to the tenant's agreed-upon fax number. Since the tenant had given prior written consent to accept documents via fax, the landlord's attorney's faxing of the hearing notice is considered valid service by fax, ensuring the tenant is officially informed of the upcoming hearing.

• Example 3: Multi-Party Construction Defect Case

  In a complex construction defect lawsuit involving a homeowner and multiple defendants (e.g., the builder, architect, and various subcontractors), all parties, through their respective legal counsel, file a joint stipulation with the court agreeing to accept service of all non-initial pleadings, discovery documents, and court orders by fax or email. When one of the subcontractors files a motion to dismiss the claims against them, their attorney faxes the motion to the designated fax numbers of all other parties' counsel. Because all parties had previously consented in writing to receive documents via fax, the transmission of the motion to dismiss by fax to the other attorneys constitutes proper service by fax, officially notifying them of the motion and its arguments.