(a) Record Offices. The record offices of the court are located in Topeka, Wichita, and Kansas City, Kansas. In cases of emergency or other exigent circumstances, a judge may order the closing of the record office of the court at such judge’s duty station, with provision being made for the filing of pleadings and papers.
(b) Filing of Pleadings and Papers. Pleadings and other papers must be filed at one of the record offices or via the court’s Electronic Filing System. Under extraordinary circumstances, pleadings and other papers may be filed with a judge or magistrate judge under Fed. R. Civ. P. 5(d)(2)(B).
(c) FAX Filing.
(1) Represented Parties. Where compelling circumstances exist, the clerk may accept for filing papers transmitted by facsimile transmission equipment.
(A)Form, Format, Service, and Signature. Such papers, when placed in the transmission equipment, must comply with all provisions of these rules and the Federal Rules of Civil Procedure regarding the form, format, service, and signature of pleadings and papers.
(B) Certificate of Counsel. A part of such facsimile transmission must be a certificate of counsel setting forth the facts constituting the compelling circumstance.
(C) Notice. A copy of the papers transmitted to the clerk must also be immediately transmitted by facsimile transmission to all parties who have the capability of receiving facsimile trans missions. The filer must immediately notify parties not having such capability of the facsimile filing by telephone.
(D)Court’s Review. Should the court later determine the certificate or affidavit does not describe compelling circumstances, or the allegations are untrue, the court will strike the papers filed by facsimile transmission and may impose other appropriate sanctions.
(2) Unrepresented Parties. Pro se filers may file papers by facsimile transmission equipment under any circumstance and do not need to provide an affidavit setting forth the facts constituting compelling circumstances.
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