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March 13, 2006

Comments

Jeff Krumpe

Don't you specifically have to say "yes" to fax service (assuming you have not served attorneys in the case by fax) in order for it to be an option? That's how I read Rule 11(b)(4).

Evan

Jeff: You're probably right, in which case the first paragraph of this post is wrong. On the other hand, the rule doesn't say specifically how to consent except in a sub-paragraph where it says that faxing things yourself is deemed to be consent. And in practice (at least in my experience), no one waits for consent before using fax for service. They just fax until you tell them not to.

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