§ 2-213. Transmission technical problems; corrective order.

§ 2-213. Transmission technical problems; corrective order.

   (A) Upon satisfactory proof that filing, service, or notice sent by a court of a document is not completed because of

   (1) an error in the transmission of the document to the court-authorized service provider which was unknown to the sending party or

   (2) a failure to process the electronic filing when received by the clerk, the court may enter an order permitting the document to be filed as of the date it was first attempted to be sent electronically.

   (B) No order may be entered under these rules which expands the statutory time period for perfecting an appeal or other terminating motion unless there is an affirmative showing by clear and convincing evidence that the failure to make a timely filing was due solely to internal transmission error by the court-authorized service provider or a processing error by the clerk.

   (C) Extended system unavailability. Only in the event of an extended period longer than twenty-four hours where the system is not available, may the user take a paper document to the clerk of the court during regular business hours for filing. If the court maintains a fax machine, the user may make such filing by fax machine. In such instances, the user is responsible for service of the document on parties entitled to service. This subsection does not apply to unavailability of any user’s internet service or computer equipment.

§ 2-213 amendments adopted June 9, 2021, effective January 1, 2022.