Rule 12.06 - Facsimile Transactions in Criminal Matters(a)Method of Filing. Except for complaints and search warrant applications, any document in a criminal action may be filed by facsimile transmission to any clerk's office having a facsimile machine. The court 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 criminal action may be made by facsimile transmission subject to the provisions of these rules, other applicable rules and statutes, and W.Va. R.Crim.P. 49 for circuit courts or Rule 13 of the Rules of Criminal 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)Release from Custody. If bail fixed by a court is posted after a defendant is placed in the custody of a jail or correctional facility, the court may effectuate the release of the defendant by facsimile transmissions in the following manner. (1) Both the criminal bail order admitting the defendant to bail and the release order are faxed to the jail or correctional facility by the court. (2) The jailer or correctional officer at the facility shall provide the defendant with the faxed bail order; the jailer or correctional officer shall then forthwith transmit a return of the completed release order by return fax to the issuing court. (3) The issuing court confirms receipt of the completed release order from the jailer or correctional officer at the facility. The jailer or correctional officer at the facility shall not release the defendant until receipt of such confirmation. (e)Commitment to Custody. The committing judge or magistrate may by fax authorize and notify the jail or correctional facility of a criminal defendant's commitment to that jail or correctional facility in the following manner. (1) The court faxes the commitment order to the jail or correctional facility. (2) The jailer or correctional officer transmits forthwith by return fax verification of receipt of the order. (3) Once the defendant is in the custody of the jail or correctional facility, the jailer or correctional officer shall forthwith by fax return the completed commitment order to the committing court. (4) If the commitment is made by a court not having venue of the offense, the terms and conditions of bail and the commitment order shall be transmitted as expeditiously as feasible, by fax if possible, to the magistrate court or circuit court wherein the preliminary hearing or trial is to be held. W.Va. Trial. Ct. R. 12.06