What constitutes a signature in Electronic Case Filing? Pursuant to the Electronic Case Filing Procedures Section #13- The electronic filing of any document by a Registered Participant shall constitute the signature of that person for all purposes provided in the Federal Rules.
What
about Original or Verified Signatures?
Pursuant to Electronic Case Filing Procedues, Section #13 - Any document
that must contain an original signature or that requires verification under
the federal rules or an unsworn declaration as provided in 28 U.S.C. §1746,
and any affidavits or other pleadings in which a person verifies, certifies,
affirms or swears under oath or penalty of perjury concerning the truth of matters
set forth in that pleading or document (Verified Pleading) may
be filed electronically by Registered Participants in the System.
A Registered Participant
filing a Verified Pleading electronically shall insure that the electronic version
conforms to the original. Each signature on the original, signed document shall
be indicated on the electronically filed pleading with the "/s/ and the
typed name" on the signature line of the person purported to have signed
the document.
The
Registered Participant shall retain the original signed pleading until the appeal
time has passed.
Parties
have ten days to object to the authenticity of any document filed in this manner.
The document shall be produced upon an order of the Court.
In
bankruptcy cases, the
Registered Participant must submit the original signature page of the original
and any amended petition, schedules and statement of financial affairs to the
Clerk within 5 days of electronically filing these documents with the Court
in ECF.
Several documents in criminal cases require the signature of a non-attorney,
such as a defendant, a third-party custodian, a United States Marshal, an officer
from Pretrial Services or Probation, or some other federal officer or agent.
In general, the Clerks Office will scan these documents and upload them
to CM/ECF. The paper copies of documents will be retained by the Court only
as long as required to ensure that the information has been transferred to the
Courts data base, for other Court purposes or as required by other applicable
laws or rules.
The electronically filed document
as it is maintained on the Courts servers shall constitute the official
version of that record.
How
should the signature appear on the electronic documents?
Pursuant to General Order #187, section 11 - The electronic filing
of any document by a Registered Participant shall constitute the signature of
that person for all purposes provided in the Federal Rules of Civil, Criminal
and/or Bankruptcy Procedure. In addition,
Where a document filed is signed electronically, that electronic signature is
the signature for all purposes, including orders of the Court.
Where
a document is signed conventionally and then converted to an electronic format
before filing, the signature as contained on the electronic record will be treated
as the original signature for all Court purposes.
When a document is filed in paper, and then converted
by the Court into an electronic format, the signature as contained on the electronic
record will be treated as the original for all Court purposes.
All pleadings and documents electronically filed shall either contain a scanned
image of a signature(s), a signature font, or indicate the signature by inserting
a "/s/ Jane Attorney in any place in the document where an original
signature would be utilized in a conventional document.
The
following signature format shall be used for all electronically-filed documents:
/s/
Jane Attorney
E-mail: Jane_Attorney@law.com