RULE 6A
SERVICE BY ELECTRONIC TRANSMISSION OR FAX

Analysis

              RULE 6A
SERVICE BY ELECTRONIC TRANSMISSION OR FAX

              6A.01   Service by electronic transmission or fax

             
6A.02   Information included

             
6A.03   Limits on document size

             
6A.04   When service is effective

Service by electronic transmission or fax

6A.01 (1)  A party may, as part of their address for service included in a pleading or a notice under these rules or a letter enclosing a pleading or notice, include one of the following :

             (a)  a fax number;

             (b)  an e-mail address; or

             (c)  an account with an electronic document delivery service.

             (2)  Where a document is not required to be served personally, service of the document may, in accordance with this Rule, be effected in one of the following ways

             (a)  if an e-mail address is provided as part of the person's address for service in a pleading, in a notice, or in a letter enclosing a pleading or notice, by e-mailing the document to that e-mail address;

             (b)  if a fax number is provided as part of the person's address for service in a pleading, in a notice, or in a letter enclosing a pleading or notice, by faxing the document to that fax number; or

             (c)  if an account with an electronic document delivery service is provided as part of the person’s address for service in a pleading, in a notice, or in a letter enclosing a pleading or notice, by submitting the document through that electronic document delivery service.

72/00 s2; 2001 c42 s45; 104/24 s1

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Information included

6A.02 A document that is served in accordance with this rule shall include the following information. If the document is sent by fax, the information must appear on the cover page:

             (a)  the name, address and telephone number of the sender;

             (b)  the name of the solicitor or person to be served;

             (c)  the date and time of the transmission;

             (d)  the total number of pages transmitted, including the cover page and the backsheet, if applicable;

             (e)  that the transmission is for service of court documents;

             (f)  the electronic address or fax number from which the document is transmitted; and

             (g)  the name and telephone number of a person to contact in the event of a transmission problem.

72/00 s2; 104/24 s1

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Limits on document size

6A.03 (1) The following documents may not be served by electronic transmission or fax under this rule unless the solicitor or person to be served gives prior consent:

             (a)  a list of documents;

             (b)  a trial record;

             (c)  a record of the proceedings heard before a decision-making authority;

             (d)  a book of documents; or

             (e)  a document exceeding 50 single-sided pages, inclusive of cover page and backsheet.

             (2)  A document of 30 pages or more, inclusive of the cover page and backsheet , if served by fax, may be served only between the hours of 5 p.m. and 8 a.m. of the following day, unless the solicitor or person to be served gives prior consent.

72/00 s2; 104/24 s1

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When service is effective

6A.04 Service of a document by electronic transmission or fax in accordance with this rule is effective

             (a)  if the document is transmitted before 4 p.m., on the day of the transmission; or

             (b)  if the document is transmitted after 4 p.m., or at any time on a Saturday, Sunday or holiday, on the next day that is not a Saturday, Sunday or holiday.

72/00 s2; 104/24 s1