Local Rule 9004-1: General Requirements of Form

LOCAL RULE 9004-1 General Requirements of Form

(a) General Format of Documents. All pleadings and documents shall be formatted consistent with LBR 9004-2. The Clerk shall not refuse to file any proffered document submitted in violation of this Rule, but shall bring such document to the attention of the Court. Any attorney or trustee who files a document in violation of this Rule may be subject to monetary or non-monetary sanctions.

(b) Counsel Identification. The name, address (including email address, if the document is to be submitted in electronic form), telephone number, and the California State Bar membership number (not applicable to counsel for the United States) of all counsel (or, if in propria persona, of the party), and the specific identification of each party represented by name and interest in the proceeding (e.g., Debtor Smith, Creditor Bank, Plaintiff Roe, Defendant Doe) shall appear in the upper left-hand corner of the first page of each document presented for filing, except that in the instance of multiparty representation reference may be made to the signature page for the complete list of parties represented.

(c) Signatures Generally. All pleadings and non-evidentiary documents shall be signed by the individual attorney for the party presenting them, or by the party involved if that party is appearing in propria persona. Affidavits and certifications shall be signed by the person offering the evidentiary material contained in the document. The name of the person signing the document shall be typed underneath the signature.

1) Signatures on Documents Submitted Electronically.

A) Signature of the Registered User. The username and password required to access the electronic filing system shall serve as the registered user's signature on all electronic documents filed with the Court. They shall also serve as a signature, with the same force and effect as a written signature, for purposes of the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules of this Court, including Fed. R. Bankr. P. 9011-1 and LBR 9004-1(c), and for any other purpose for which a signature is required in connection with proceedings before the Court. Unless the electronically filed document has been scanned and shows the registered user's original signature or bears a software-generated electronic signature thereof, an "/s/" and the registered user's name shall be typed in the space where the signature would otherwise appear.

B) Signatures of Other Persons. Signatures of persons other than the registered user may be indicated by either:

(i) Submitting a scanned copy of the originally signed document;

(ii) Attaching a scanned copy of the signature page(s) to the electronic document; or

(iii) Through the use of "/s/ Name" or a software-generated electronic signature in the signature block where signatures would otherwise appear. Electronically filed documents on which "/s/ Name" or a software-generated electronic signature is used to indicate the signatures of persons other than the registered user shall be subject to the requirements set forth in Subparts (C) and (D) below.

C) The Use of "/s/ Name" or a Software-Generated Electronic Signature. The use of "/s/ Name" or a software-generated electronic signature on documents constitutes the registered user's representation that an originally signed copy of the document exists and is in the registered user's possession at the time of filing.

D) Retention Requirements When "/s/ Name" or a Software-Generated Electronic Signature Is Used. When "/s/ Name" or a software-generated electronic signature is used in an electronically filed document to indicate the required signature(s) of persons other than that of the registered user, the registered user shall retain the originally signed document in paper form for no less than three (3) years following the closing of the case. On request of the Court, U.S. Trustee, U.S. Attorney, or other party, the registered user shall produce the originally signed document(s) for review. The failure to do so may result in the imposition of sanctions on the Court's own motion, or upon motion of the case trustee, U.S. Trustee, U.S. Attorney, or other party.

2) Signature of Creditor or Other Person Authorized to File a Proof of Claim. The full name, title, and address of the creditor or other authorized person filing a claim must appear on the proof of claim. Entry on the electronic proof of claim form of the full name, title, and address of the creditor or other person authorized to file the proof of claim by the creditor or authorized person filing the claim shall constitute the signature of the creditor or authorized person filing the claim and the claim will be deemed signed by the creditor or authorized person. It shall also serve as a signature, with the same force and effect as a written signature, for purposes of the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules of this Court, and for any other purpose for which a signature is required on the proof of claim. The name of the creditor or authorized person filing the claim shall appear in the space on the proof of claim form where the signature would otherwise appear.

(d) Signature on Facsimile Documents and on Software-Generated Documents. For the purposes of this Rule, the image of an original manual signature appearing on a facsimile (fax) copy, or appearing in a software-generated copy such as a document created in the "portable document format" (PDF), filed pursuant to this Rule shall constitute an original signature for all court purposes. The document, which itself may be in whole or in part a fax copy, must be marked "original" prior to submission to the Clerk's Office for filing. The originator of the document, or in the case of an affidavit or certification, the presenting attorney or party, is required to maintain the document containing the original manual signature until the conclusion of the case or proceeding, including any appeal and remand after appeal. In the event there are multiple signatories to a document, the filing party or attorney shall retain the originally signed document(s). The Court may require that the document containing the original manual signature be filed. This Rule does not provide for documents to be transmitted via fax directly to the Clerk's Office. Documents directly faxed to the Clerk or to a chambers of the Court will not be filed, lodged, received, returned, or acknowledged.

(e) Proposed Orders and Judgments.

1) Content and Format. Proposed orders and judgments presented to the Court for signature shall:

A) Be submitted as separate documents;

B) Not include the word "Proposed" in the title of the order;

C) Be complete in all respects using "best estimates" where necessary;

D) On the final page contain at least one line of substantive text (i.e., the final page of a proposed order or judgment must not include only "boilerplate" words such as "it is so ordered" or similar) and at least two inches of space below the final line of text for placement of a date and the judge's signature; and E) In all other respects be formatted consistent with LBR 9004-2.

2) Exhibits. If a proposed order includes references to an exhibit or exhibits, the exhibit(s) shall be attached to the proposed order or judgment. An exhibit shall not be filed as a separate document.

3) Approval by Counsel or Party. If the court at the hearing on the matter, or by separate order, requires that any attorney or unrepresented party appearing in the matter be provided the opportunity to review and approve a form of order or judgment prior to its submission, the proposed order or judgment shall, just below the space reserved for placement of the judge's signature, contain the signatures of such counsel or party indicating their approval. Approval indicates only that the document accurately reflects the ruling of the court and does not constitute agreement or waiver of appellate rights. Orders not bearing the signature of an attorney or unrepresented party designated by the court to approve the form of the order shall not be lodged with the court for at least three days after transmission to that attorney. In the event a dispute arises regarding the form of order, the submitting counsel or party shall submit, along with the proposed order, a brief declaration summarizing the reason for the lack of approval by the attorney or unrepresented party, along with a proof of service demonstrating service of the proposed form of order and the declaration on the non-approving counsel or party.

4) Proposed Order as Exhibit. Nothing in these Local Rules prohibits a party from submitting a proposed form of order or judgment as an exhibit to a notice, motion, memorandum, or other document.