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Fax in the legal world: proof before speed

Speed is not what keeps fax alive in law firms and court registries. It is what the transmission report allows one to establish before a judge.

Short answer

Registries, lawyers, bailiffs and litigation departments send time-limited filings by fax. The report gives the time, the machine that answered and the number of pages acknowledged: three things an email read receipt does not provide.

Who still requires it

Court registries

Some procedures name fax explicitly as an admissible means of filing, with the time of arrival serving as the deadline reference.

Bailiffs

Urgent service and notifications go by fax when the deadline is counted in hours rather than days.

Legal departments

Formal notices and terminations with a fixed date rely on it, the resulting trace being enforceable against the other party.

What the report proves, and what it does not

The report attests that an identified machine answered, accepted and acknowledged a number of pages at a given time. It attests neither to the content of those pages nor to their being read. It is a starting point of proof, weighed by the court alongside the rest of the file — never conclusive, and presenting it as such weakens the case.

Frequently asked questions

Does a fax equal registered post?
No. Registered post with acknowledgement establishes delivery to a person; fax establishes acceptance by a machine. Where a rule requires registered post, fax is not a substitute.
Should the paper original be kept?
Yes, for as long as the challenge period runs. The report proves transmission, the original proves content: both are kept together, or the demonstration is incomplete.

General information. It replaces neither legal advice nor the opinion of your organisation's data protection officer.

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