Arraignment, Bail, Bonds, Pretrial What do I do if the clerk ignores a faxed motion?

[JoeBlowMO]

For my upcoming trial date, the court clerk has informed me that they will accept motions through fax but not email. If I fax a motion, and then send an email to tell them that I faxed them a motion, and I get no response regarding either the fax or the email, what do I do? I am counting on the clerk to pass my motion along to the judge so that the judge can choose whether or not to deny it. If this doesn't happen, and I can prove that I faxed the document like the clerk allows, will it benefit me at all to mention that at trial?

Thanks in advance!

 

[cbg]

You have to do more than prove you faxed it. You also have to prove it was received at the other end.

I cannot tell you how many times someone has claimed to have faxed something to my office, and even provided a confirmation sheet. I have no way of knowing what was actually faxed under the confirm.

 

[Betty3]

Can you call & ask if it was received & also if they "might" possibly send you a written confirmation of that particular fax being received?

 

[JoeBlowMO]

All right, I called, and the clerk told me they received it but the judge can't do anything about the motion because it's up to the prosecutor. That seems very strange. Is that true? Why would it be up to the prosecutor?

 

[army judge]

All right, I called, and the clerk told me they received it but the judge can't do anything about the motion because it's up to the prosecutor. That seems very strange. Is that true? Why would it be up to the prosecutor?

I know nothing about civil or criminal procedure in MO.
In most jurisdictions, once a motion is received, it's argued in open court.
The judge can rule immediately, or take the matter under advisement, ruling later.
What you've done is simply transmitted your motion, which by the way, a copy must be delivered to opposing counsel. Again, check MO civil or criminal procedure to discover the correct submission of your motion.