Local Rule 9011-4: SIGNATURES

LOCAL RULE 9011-4: SIGNATURES a. CM/ECF Participants.

1. Method and Form. Unless otherwise provided herein or by statute, rule, or order, documents filed with the Court in paper form must contain original "wet" signatures. In lieu of the original signature, an authorized CM/ECF Participant may file a document containing a scanned copy of the original signature, a digital signature via any commercially available signature software that provides signature authentication, or an electronic signature. The filing of the document(s) by the CM/ECF filer constitutes a certification that the filer obtained, prior to filing, either the original, physical signature or express documented permission from the signer to affix the signer's signature to the document and file it, and that the filer has verified that the authorizing signer is in fact the signer. All signatures on documents filed using CM/ECF must be displayed in one of the following ways: by a scanned copy of the original document containing original signature, by electronic or digital signature, or by a "/s/" or "s/" and the name of the person typed in the space where the signature would otherwise appear (e.g., /s/ Jane Doe or s/ Jane Doe). Filing any document using a CM/ECF login and password or the Court's claim interface constitutes the filer's signature for purposes of signing the document under Fed. R. Bankr. P. 9011. In instances where there is a discrepancy between any CM/ECF login and signature upon the electronic filing of a document, or in instances in which multiple signatures are included, both the filer whose login was used and the signer(s) are responsible attorneys for both Fed. R. Bankr. P. 9011 and SC LBR 2090-1 purposes. All signer(s) must include name, address, telephone number, electronic mail address, United States District Court identification number (where applicable), and any other information as directed by judge, local rule, or order. Unless ordered by the Court upon a showing of exceptional circumstances, the signature of an attorney acting as local counsel for an attorney admitted pro hac vice must appear on all documents filed with the Court.

2. Retention of Original. Unless otherwise provided by statute, rule, or order, the CM/ECF Participant is not required to obtain or retain original signatures where the signer has expressly authorized in writing or electronically that the document be filed with that signer's digital or electronic signature affixed. However, the filer must retain sufficient evidence of the signer's permission to sign a particular document and the document's contents as follows: if the case is dismissed, for a period of three (3) years; or if not dismissed, until the case or adversary proceeding is closed and the appeal time has passed and, if applicable, the time within which a discharge of the debtor may be revoked has passed. Under order of the Court, such documents must be provided for review to parties.

b. Pro Se Individuals. Any document to be filed with the Court that requires a pro se individual's signature shall be signed with the original handwritten signature of the filer before delivery to the Court in paper form or by electronic transmission. Pro se individuals shall not electronically sign documents.

Notes:

(2021) The rule was substantially revised to incorporate portions of Operating Order 20-14 and adopt electronic signatures for parties. In addition to the requirements in this rule, lawyers should maintain client files consistent with applicable rules of Professional Conduct.

(2022) The rule was renumbered and revised to incorporate provisions found in former Operating Order 22-02.

(2025) Subsection (b) was amended to update the electronic filing requirements for pro se individuals.