How will signature of documents be handled for documents filed electronically?
Status Commenced implementation on January 1, 2003 • On November 3, 2003, we went live with the new case management (CM) portion of the system, WebPacer discontinued, and ECF-PACER operational. • All documents submitted in civil cases commenced on or after June 1, 2004, and in criminal cases commenced on or after January 1, 2005, were required to be electronically filed using the court’s Electronic Case Filing (ECF) system. • On October 1, 2005, all remaining paper cases pending in this court, unless exempted by court order, were converted to electronic cases. Thus, unless exempted by local rule or administrative procedure, all documents are now filed electronically. Overview The Administrative Office of the United States Courts is moving swiftly to implement a case management/electronic case filing (CM/ECF) system in all district, appellate, and bankruptcy courts nationwide. Currently there are 93 District courts in the process of implementing CM/ECF, including 85 District courts that
The user log-in and password required to submit documents to the Electronic Filing System serve as the Filing User’s signature on all documents filed with the Court. They also server as a signature for purposes of Rule 11, Fed. R. Civ. P., the Local Rules of the Court, and any other purpose for which a signature is required in connection with court proceedings. The name of the Filing User under whose log-in and password the document is submitted must he preceded by an “/s” and typed in the space where the signature would otherwise appear. A Filing User who electronically files any document requiring the signature of other individuals must either (1) submit a scanned document containing the necessary signatures; or (2) indicate on the filed document by the designation “s/” that the original document has been signed. The original document containing the original signatures of the persons other then the Filing User must be retained.
At present, this is a matter for local court rule or order. All courts using electronic filing are currently treating use of an attorneys unique system login and password as a signature. Most of the courts require that attorneys retain copies of certain paper documents, such as affidavits or bankruptcy petitions, containing original signatures of third parties, for a set period of time.
At present, we are planning on treating use of an attorneys unique system login and password as a signature. We may also require that attorneys retain copies of critical paper documents, such as affidavits or bankruptcy petitions, containing original signatures of parties for a set period of time. This material is adapted from the US District Courts web site at www.nhd.uscourts.gov.
