--respectfully snipped, BBM
Sorry TWA, I missed this earlier.
1. I have not seen the actual document, just the media reports.
2. AZ answered that it is not considered legally unethical, however she expounded on her answer.(see her post #488)
3. In Orange County, faxing documents IS allowed. It could be faxed, e-filed or filed in person at the clerk's office. (sidenote: I have never worked in a county where faxing is allowed. I have only e-filed and filed directly with the clerk's office.)
4. If the doc was e-filed, the clerks office would not need the original document. An e-file signature is as valid as an original ink signature. Since I have never worked in a county where faxing is allowed, I do not know the specific requirements. Not sure if they would need to follow-up with a doc containing original signatures.
5. Not sure of the specifics in re. how quickly the Orange Cty. Clerks office updates and posts recent filings. However, I find it curious that several media outlets posted citing specifics of the motion but none of them posted a copy of it. If it had been filed Friday, I would think they would have immediately requested a copy to provide as an attachment to their stories. So, I dunno. It is possible that it WAS filed and they just didn't request a copy before the clerks office closed on Friday, OR...someone from the defense provided them a copy before it was file-stamped and they didn't want to post a non file-stamped copy, OR...as been alluded to here, the defense provided a copy of a drafted motion that has not actually been filed yet. It could be any of those. I have a feeling we will have the answer tomorrow.