Advisory Commission Comments to Rules 5A.01-5A.04

Advisory Commission Comments

Advisory Commission Comment [2004]

Rule 5A is adopted to provide for the filing of papers in the trial court by facsimile transmission. Rule 5A.02(4), however, expressly provides that certain documents (listed in that subparagraph) may not be filed via facsimile transmission. In addition, the Commission points out that Rule 5A does not authorize the service of documents by facsimile transmission. See Rule 5A.02(5) (requiring, in pertinent part, compliance with all applicable rules of court governing service of papers). Please refer to Rule 5, Tenn. R. Civ. P., for the provisions in these Rules governing the service of pleadings and other papers after the filing of the original complaint; amended Rule 5.02 permits service by fax if filing by fax is permitted.

Rule 5A.02(1) requires the trial court clerk to maintain a dedicated telephone line for the clerk’s facsimile machine. In those jurisdictions in which it is not feasible for each clerk to maintain a dedicated telephone line for facsimile filing, it is the Commission’s intent that the respective clerks may jointly maintain a dedicated telephone line for the use of the various clerks. For example, the Circuit Court Clerk and the Clerk & Master in such a jurisdiction may share a dedicated telephone line for facsimile filings in their respective courts.

Advisory Commission Comment [2017]

Rule 5A.02(5) is amended to increase the page limit for facsimile filings from ten (10) to fifty (50).

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