§ 1010.5.Facsimile Filing of Papers

Title 14. Of Miscellaneous Provisions · Chapter 5. Notices, and Filing and Service of Papers · Last amended 2002 · Last verified July 28, 2026

In one sentenceSection 1010.5 authorizes the Judicial Council to adopt rules letting parties file papers by facsimile transmission, treats a properly transmitted fax as an original document, and allows courts accepting credit card payment for fax filings to add a processing surcharge.

Full Text of § 1010.5

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The Judicial Council may adopt rules permitting the filing of papers by facsimile transmission, both directly with the courts and through third parties. Notwithstanding any other provision of law, the rules may provide that the facsimile transmitted document shall constitute an original document, and that notwithstanding Section 6159 of the Government Code or Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, any court authorized to accept a credit card as payment pursuant to this section may add a surcharge to the amount of the transaction to be borne by the litigant to cover charges imposed on credit card transactions regarding fax filings between a litigant and the court. If the Judicial Council adopts rules permitting the filing of papers by facsimile transmission, the consent of the Judicial Council shall not be necessary to permit the use of credit cards to pay fees for the filing of papers by facsimile transmission directly with the court, provided that the court charges a processing fee to the filing party sufficient to cover the cost to the court of processing payment by credit card.

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Plain-English Summary

Before electronic filing became the norm, this section gave courts a path to accept documents by fax. It lets the Judicial Council adopt rules permitting papers to be filed by facsimile transmission, either directly with the court or routed through third-party services, and allows those rules to treat the faxed document as though it were the original.

The section also handles the practical mechanics of paying by credit card for a fax filing. A court accepting credit card payment for that purpose can add a surcharge to cover the transaction costs the credit card company charges, and the Judicial Council's separate consent isn't required for a court to accept credit cards for fax filings once the Judicial Council has adopted rules permitting fax filing in the first place — so long as the court's processing fee covers its own cost of handling the payment.

Frequently Asked Questions

Can papers be filed with a California court by fax?

Yes, if the Judicial Council has adopted rules under § 1010.5 permitting facsimile filing, either directly with the court or through a third party.

Does a faxed filing count as an original document?

The rules the Judicial Council adopts under this section may provide that it does.

Can a court charge extra for accepting a credit card on a fax filing?

Yes, a court may add a surcharge to cover the credit card transaction charges, provided the processing fee it charges the filer is enough to cover the court's own cost of processing the payment.

Amendment History

Amended by Stats 2001 ch 824 (AB 1700), s 10, eff. 1/1/2002.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: facsimile filing californiafax filing court documents california