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<br />- 6 - <br />EX PARTE APPLICATION <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br /> <br />(3) A notice of appeal. (Subd (e) amended effective July 1, 2008; adopted as part of subd (b) effective March 1, 1992; previously amended and lettered as subd (d) effective January 1, 2007; previously relettered as subd (e) effective January 1, 2007.) (f) Availability of fax A party or attorney agreeing to accept service by fax must make his or her fax machine generally available for receipt of served documents between the hours of 9 a.m. and 5 p.m. on days that are not court holidays under Code of Civil Procedure section 136. This provision does not prevent the party or attorney from sending other documents by means of the fax machine or providing for normal repair and maintenance of the fax machine during these hours. (Subd (f) relettered effective January 1, 2008; adopted as subd (c) effective March 1, 1992; previously amended and relettered as subd (e) effective January 1, 2007.) (g) When service complete Service by fax is complete on transmission of the entire document to the receiving party's fax machine. Service that is completed after 5 p.m. is deemed to have occurred on the next court day. Time is extended as provided by this rule. (Subd (g) relettered effective January 1, 2008; adopted as subd (d) effective March 1, 1992; previously amended effective July 1, 1997; previously amended and relettered as subd (f) effective January 1, 2007.) (h) Proof of service by fax Proof of service by fax may be made by any of the methods provided in Code of Civil Procedure section 1013(a), except that: (1) The date and sending fax machine telephone number must be used instead of the date and place of deposit in the mail; (2) The name and fax machine telephone number of the person served must be used instead of the name and address of the person served as shown on the envelope; (3) A statement that the document was sent by fax transmission and that the transmission was reported as complete and without error must be used instead of the statement that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid; (4) A copy of the transmission report must be attached to the proof of service and the proof of service must declare that the transmission report was properly issued by the sending fax machine; and (5) Service of papers by fax is ineffective if the transmission does not fully conform to these provisions. (Subd (h) amended effective January 1, 2017; adopted as subd (e) effective March 1, 1992; previously amended effective July 1, 1997, and May 1, 1998; previously amended and relettered as subd (g) effective January 1, 2007; previously relettered as subd (h) effective January 1, 2008.) Rule 2.306 amended effective January 1, 2017; adopted as rule 2008 effective March 1, 1992; previously amended and renumbered effective January 1, 2007; previously amended effective July 1, 1997, May 1, 1998, January 1, 2008, and July 1, 2008.