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Rule 2.406.Use of Facsimile Communication Equipment

Current through May 1, 2026 · Last verified July 6, 2026

In one sentenceRule 2.406 lets Michigan courts accept pleadings and other documents filed by fax, sets the paper, fee, and page-volume rules that come with it, and treats a signature sent by fax the same as an original signature.

Full Text of Rule 2.406

Text sizeJump to: (A) (B) (C) (D) (E) (F) (G) (H)

(A) Definition. “Facsimile communication equipment” means a machine that transmits and reproduces graphic matter (as printing or still pictures) by means of signals sent over telephone lines.
(B) Use. Courts may permit the filing of pleadings, motions, affidavits, opinions, orders, or other documents by the use of facsimile communication equipment. Except as provided by MCR 2.002, a clerk shall not permit the filing of any document for which a filing fee is required unless the full amount of the filing fee is paid or deposited in advance with the clerk.
(C) Paper. All filings must be on good quality 8½ by 11-inch paper, and the print must be no smaller than 12-point type. These requirements do not apply to attachments and exhibits, but parties are encouraged to reduce or enlarge such documents to 8½ by 11 inches, if practical.
(D) Fees. In addition to fees required by statute, courts may impose fees for facsimile filings in accordance with the schedule that is established by the State Court Administrative Office for that purpose.
(E) Number of Pages. Courts may establish a maximum number of pages that may be sent at one time.
(F) Hours. Documents received during the regular business hours of the court will be deemed filed on that business day. Documents received after regular business hours and on weekends or designated court holidays will be deemed filed on the next business day. A document is considered filed if the transmission begins during regular business hours, as verified by the court, and the entire document is received.
(G) Originals. Documents filed by facsimile communication equipment shall be considered original documents. The filing party shall retain the documents that were transmitted by facsimile communication equipment.
(H) Signature. For purposes of MCR 1.109(E), a signature includes a signature transmitted by facsimile communication equipment.

Amendment History

Michigan tracks the orders that adopt and amend its Court Rules in a separate administrative record rather than printing a history note beneath each rule in the compiled rules text reproduced here. The text above is verified current through the source’s own May 1, 2026 update; for the full order-by-order history of this rule, see the Michigan Supreme Court’s rules and orders page.

Plain-English Summary

Courts can choose to accept filings sent by fax, and Rule 2.406 sets the ground rules once a court opts in. A clerk still can't accept a document requiring a filing fee unless the fee is paid or deposited in advance, apart from the usual fee-waiver process. Filed pages generally have to be good-quality 8½ by 11-inch paper with print no smaller than 12-point type, though attachments and exhibits are excused from that sizing rule, with parties encouraged to resize them where practical. Courts can charge their own fax-filing fees on top of any statutory fee, following a schedule the State Court Administrative Office sets, and can cap how many pages get sent in one transmission.

Timing follows the court's regular business hours: a fax received during those hours is filed that business day, while one received after hours, on a weekend, or on a court holiday is filed the next business day — but only once the entire document has come through, even if transmission began during business hours. Whatever comes through by fax counts as the original document, and the filer has to hold onto whatever was transmitted. And for purposes of Michigan's general signature rule, a signature sent by fax counts as a signature just as much as one written in ink.

Frequently Asked Questions

Can I file court documents by fax in Michigan?

Only if the particular court has chosen to permit it. Where it's allowed, Rule 2.406 sets the paper, fee, and timing rules that govern the filing.

When is a faxed document considered "filed"?

On the business day it's received if that falls within the court's regular business hours; if it arrives after hours, on a weekend, or on a court holiday, it's filed the next business day, so long as the entire transmission goes through.

Does a faxed signature count as a real signature?

Yes. For purposes of Michigan's general rule on signing documents, a signature transmitted by fax is treated the same as any other signature.

Source & verification. The rule text is reproduced verbatim from the official Michigan Court Rules (MCR 2.406). Prescribed by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). The plain-English summary is original and written by us. Last verified July 6, 2026. · Official source
Also known as: fax filing Michigan courtfacsimile filing rules Michigan