As amended through January 31, 2024
Rule 12.04 - Filing and Service of Documents in Civil Actions by Facsimile Transmission(a)Method of Filing. Except for mental hygiene applications or where otherwise prohibited by law or court rule, a party may file any document in a civil action, other than a complaint or petition, by facsimile transmission to any clerk's office having a facsimile machine. The clerk shall accept the document as filed if the filing and the document comply with these and other applicable rules and statutes. (b)Service. Service of any document in a civil action, other than original process, may be made by facsimile transmission subject to the provisions of these rules, other applicable rules and statutes, and W.Va. R.Civ.P. 5 or Rule 8 of the Rules of Civil Procedure for Magistrate Courts. (c)When Service Complete. Service by fax is complete upon receipt of the entire document by the receiver's facsimile machine. (d)Proof of Service. Where service is made by facsimile transmission, proof of service shall be made by affidavit of the person making service or by certificate of an attorney. Attached to such affidavit or certificate shall be a copy of the sender's facsimile machine transmission record.W.Va. Trial. Ct. R. 12.04