Local Rule LR 5005-2: Signatures and Document Retention

LR 5005-2 Signatures and Document Retention

(a) Authorized Signatures.

(1) The following constitute a signature under these local rules and the Federal Rules of Bankruptcy Procedure including, but not limited to, Fed. R. Bankr. P. 9011:

(A) a document filed using CM/ECF is deemed signed for all purposes, including Fed. R. Bankr. P. 9011, by (i) the lawyer to whom the log-in used to file the document is registered and (ii) persons whose names appear on the document preceded by "/s/" followed by their printed names provided that they have authorized or consented to the filing of the document;

(B) an image with a digital signature from a software product that uses encryption and/or multi-factor authentication to create a secure electronic signature that uniquely identifies the signer and corresponding unique IP address and or PIN, and ensures that the signature is authentic and has not been altered or repudiated, with a printed or typed name included or provided below ("Digital Signature");

(C) an original signature made with a writing implement, with an identifying printed or typed name, or a digital reproduction of such signature;

(D) an electronically submitted document by a self-represented individual that contains a digitally scanned image of that individual's signature made with a writing implement or a Digital Signature.

(b) Certification.

(1) Use of the court's CM/ECF system to electronically file a document constitutes certification by the registered participant in CM/ECF under oath and penalty of perjury, that:

(A) all persons indicated to have signed the document have executed original signatures under one of the approved methods described in Local Rule 5005-2(a);

(B) the registered participant in CM/ECF has custody of the document with the signing party's original signature under one of the approved methods described in subsection (a) or if the signing party is also a CM/ECF participant, has permission to include the signing party's signature by "/s/";

(C) the registered participant in CM/ECF has retained evidence of such authorization in accordance with Local Rule 5005-2(c) when applicable; and

(D) the registered participant in CM/ECF has authorized the electronic filing of the signed document.

(2) By filing a document using a court-authorized electronic means, a self-represented individual certifies under oath and penalty of perjury that:

(A) the self-represented individual has executed the document with an original wet ink signature or Digital Signature;

(B) the self-represented individual has custody of the document with the original signature or Digital Signature; and

(C) the self-represented individual has retained the document with the original wet-ink signature or Digital Signature in accordance with Local Rule 5005-2(c).

(c) Retention.

(1) Documents with original signatures. Persons filing documents containing an original signature must retain those documents with their original signature or a digital reproduction of those documents until five years after the closing of the case or proceeding in which the document is filed.

(2) Documents with Digital Signatures. Persons filing a document with a Digital Signature must retain those documents, in electronic format, in a manner that retains all data necessary to ensure the authenticity of the electronic signature until five years after the closing of the case or proceeding in which the document is filed.

(3) Documents filed with printed or typed signatures. A registered participant in the court's CM/ECF system who electronically files a document containing a printed or typed signature of a person other than the registered participant must retain (i) the signed document with an authorized signature or (ii) evidence that the person has authorized the registered participant to attach their signature as provided in Local Rule 5005-2(a)(1)(A) for five years after the closing of the case or proceeding in which the document is filed.

(4) Documents filed by self-represented individuals using court-authorized electronic means. A self-represented individual who electronically files a document using court-authorized means must retain that document with the original signature or Digital Signature until five years after the closing of the case or proceeding in which the document is filed.