Local Rule 5005-2: FILING PAPERS – ELECTRONIC FILING

RULE 5005-2 FILING PAPERS – ELECTRONIC FILING

(a) When Electronic Filing is Required. Except as provided for herein, all attorneys must file all papers with the court using the Electronic Case Filing system ("ECF").

(b) ECF Filers Eligibility and Registration.

(1) Mandatory Registration. The following must register as ECF Filers: (A) attorneys admitted to the bar of this court (including those admitted under Local Rule 2090-1(b));

(B) United States Trustees and their assistants; (C) bankruptcy administrators and their assistants; (D) case trustees; and (E) individuals as the court deems appropriate.

(2) Entities Are Ineligible. Entities, such as law firms or corporations, cannot be ECF Filers.

(3) How to Register for ECF.

(A) Form. Registration as an ECF Filer shall be made using the form located on the court's website at www.utb.uscourts.gov.

(B) Login and Password. Once registered and training is complete, the ECF Filer will receive notification of a user login and password.

(C) Restricted Use of Password. No one, including the ECF Filer, may knowingly permit an ECF Filer's password to be used by anyone other than an authorized agent of the ECF Filer.

(4) Waiver and Consent. Registration as an ECF Filer constitutes:

(A) Notice. Waiver of the right to receive notice by first class mail and consent to receive notice electronically;

(B) Service. Waiver of the right to service by personal service or first-class mail and consent to electronic service, except with regard to service of a summons and complaint under Fed. R. Bankr. P. 7004; and

(C) Usage Protocols. Consent to abide by the court's posted usage protocols.

(D) Waiver of service and notice by first class mail applies to notice of the entry of an order or judgment under Fed. R. Bankr. P. 9022.

(5) Suspension and Termination.

(A) Temporary Suspension. For cause, and without notice and a hearing, the court may temporarily suspend an ECF Filer from using ECF.

(B) Terminated Use. For cause, and after notice and a hearing, the court may terminate an ECF Filer's use of ECF and impose appropriate sanctions.

(C) Cause. Cause under (5) includes abuse of ECF or failure to comply with these Local Rules or the court's posted usage protocols.

(c) Consequences of Electronic Filing.

(1) Knowledge, Consent, and Authorization. The electronic filing of any paper is deemed to be filed with the knowledge, consent, and authorization of the ECF Filer whose login is used to file such paper.

(2) Filing and Entry on the Docket. Submitting a document to ECF consistent with these Local Rules, together with the transmission of a Notice of Electronic Filing from the court, constitutes: (A) filing of the document for all purposes of the Federal Rules of Bankruptcy Procedure and the Local Rules; and (B) entry of the document on the docket kept by the clerk under Fed. R. Bankr. P. 5003.

(3) Filing Time. A document filed electronically is deemed filed at the date and time stated on the Notice of Electronic Filing from the Court.

(4) Deadlines. Filing a document electronically does not alter the document's filing deadline. Filing must be completed before midnight Mountain Time to be considered timely filed that day.

(5) Official Record. When a document has been filed electronically, the official record is the electronic recording of the document as stored by the Court.

(6) Binding Effect. The filing party is bound by the document as filed, unless the Court orders otherwise.

(d) Attachments and Exhibits.

(1) Electronic Submission. ECF Filers must submit in electronic form all documents referenced as exhibits or attachments, unless the Court permits paper filing.

(2) Limit Submissions to Relevant Excerpts. ECF Filers must submit as exhibits or attachments only those excerpts of the referenced documents that are relevant to the matter under consideration by the Court. Excerpted material must be clearly and prominently identified as such.

(3) Additions to Excerpts. ECF Filers who file excerpts of documents as exhibits or attachments under this Rule do so without prejudice to their right to timely file additional excerpts or to file the complete document electronically.

(4) Responding to Excerpts. Responding parties may timely file relevant additional excerpts or complete documents either electronically or in paper format.

(e) Mandatory Captions. Each document filed electronically must include a caption in compliance with Local Rule 9004-1(a), including separately filed attachments or exhibits.

(f) Original Document Retention Requirements.

(1) Generally. Electronically filed documents that require original signatures other than that of the ECF Filer must be maintained in paper form by the ECF Filer until one year after the case is closed, except as provided in (g)(4)(B) of this Local Rule.

(2) Court Requests. On request of the Court, the ECF Filer must provide original documents for review.

(g) Signatures.

(1) Login and Password as Signature. The user login and password required to present documents in ECF are the ECF Filer's signature for all purposes, including 18 U.S.C. § 151 et seq., 28 U.S.C. § 1746, all sections of the Bankruptcy Code, Fed. R. Bankr. P. 9011, and all other provisions of the Federal Rules of Bankruptcy Procedure, and the Local Rules.

(2) Electronic Signatures. A document may be submitted using the electronic signature of the ECF Filer whose login is used to submit the document by using: • the name of the ECF Filer preceded by a "/s/" (e.g., /s/ John Smith); or • a graphical signature. The signature should be placed in the space where the signature would otherwise appear in the signature block.

(3) Multi-Signature Documents. Documents requiring signatures of more than one party must be electronically filed by any of the following: (A) submitting a scanned document containing all necessary signatures; (B) representing the consent of the other parties on the document; (C) identifying on the document the parties whose signatures are required and by the submission of a notice of endorsement by those parties no later than 3 business days after filing the document; or (D) in any other manner approved by the Court on a case-by-case basis.

(4) Validated Digital Signatures.

(A) Definition. A "validated digital signature" is an electronic signature generated via a commercially available software product that uses encryption and/or multi-factor authentication to create a secure electronic signature that uniquely identifies the signer and ensures that the signature is authentic and has not been altered or repudiated. Such commercially available software products include, but are not limited to, DocuSign, Adobe Sign, and SignEasy.

(B) Allowance of Validated Digital Signatures. The terms "signed," "signature," "original signature," "executed" and "subscribed by" as used in the Federal Rules of Bankruptcy Procedure, the Local Rules of the District of Utah, these Local Rules, the Bankruptcy Code and/or federal or state law permitting unsworn declarations (e.g., 28 U.S.C. § 1746) include a "validated digital signature."

(C) Other Rules Superseded.

(i) This Local Rule, 5005-2(g)(3), supersedes anything to the contrary set forth in the ECF Procedures Manual for the District of Utah, including, but not limited to, ECF Procedures Manual Section (II)(D)(3)(f).

(ii) This Local Rule also supersedes anything which otherwise prohibits a document electronically signed with a validated digital signature from being filed or uploaded to ECF.

(D) Signatures Under Penalty of Perjury. Documents that must be signed under penalty of perjury or similar verification may be signed, executed or subscribed via a validated digital signature as authorized by Local Rule 5005-2(g)(3)(B). This includes, without limitation, declarations under penalty of perjury, verifications, and proofs of claim.

(5) Certificates of Service.

(A) Electronic Signature. A signature on a certificate of service may be signed "/s/ [name]" if authorized by the person whose signature appears thereon.

(B) No Retention Requirement. The person filing the document or presenting it to the Court need not obtain or retain an original signature of or by the person whose electronic signature appears on certificate of service – neither an original holographic nor a validated digital signature.

(6) Trustee's Bond. A signature on a trustee's bond does not need to be a holographic signature or a validated digital signature.

(7) Facsimile Signatures Permitted. Papers with facsimile signatures may be submitted for filing in accordance with these Local Rules in connection with declarations, affidavits, and verifications. The paper bearing the original signature must be retained by the filer in accordance with these Local Rules.

(h) Technical Failures. An ECF Filer or other party whose filing is made untimely as the result of a technical failure by the Court may seek appropriate relief from the Court.