Local Rule Administrative Order 23-01: Administrative Order (I) Rescinding Administrative Order 20-04 and Administrative Order 20-06, (II) Reinstating Wet Signature Requirement, and (III) Establishing Alternative Requirements for Use of Digital Signature Software
Bankr. N.D. Ala. — General rule
Administrative Order 23-01 All Divisions ADMINISTRATIVE ORDER (I) RESCINDING ADMINISTRATIVE ORDER 20-04 AND ADMINISTRATIVE ORDER 20-06, (II) REINSTATING WET SIGNATURE REQUIREMENT, AND (III) ESTABLISHING ALTERNATIVE REQUIREMENTS FOR USE OF DIGITAL SIGNATURE SOFTWARE A. Applicability. This administrative order ("AO 23-01") applies in all divisions of the United States Bankruptcy Court for the Northern District of Alabama (the "District") from and after March 1, 2023 (the "Effective Date").
B. Rescinded Administrative Orders. As of the Effective Date, the following District wide, COVID-19 related, administrative orders are rescinded and will no longer be in effect: (1) Administrative Order 20-04 ("AO 20-04"), Order on Court Operations During COVID-19 Outbreak (entered March 13, 2020), and (2) Administrative Order 20-06 ("AO 20-06"), Order Temporarily Suspending Requirement to Obtain Original Signatures from Debtors for Electronic Filings (entered March 27, 2020, as extended by Administrative Order 20-10 entered May 26, 2020).1 C. Requirements for Use of Digital Signature Software. In addition to the provisions for signatures and document retention under the CM/ECF Procedures,2 the use of a commercial digital signature software that provides signature authentication is permitted if, prior to filing, the filer of the document(s) has (1) verified with the signer that the signer has received the entire document(s) to be signed, (2) communicated with the signer regarding the substance and purpose of the signed document(s), and (3) obtained the signer's digital signature via any commercially available digital signature software that provides for signature authentication. Additionally, the filer shall maintain a copy of the digitally signed document(s) in the case file.
D. Update to CM/ECF Procedures. This Order supplements Local Rule 5005-4 and the CM/ECF Procedures. However, to avoid ambiguity, the Clerk of Court shall update the CM/ECF Procedures consistent with the terms of paragraph C of this Order.
DONE this the 25th day of January, 2023.
Jennifer H. Henderson, Chief Judge United States Bankruptcy Court Tamara O. Mitchell, Judge United States Bankruptcy Court James J. Robinson, Judge United States Bankruptcy Court Clifton R. Jessup, Jr., Judge United States Bankruptcy Court D. Sims Crawford, Judge United States Bankruptcy Court 1 Administrative Order 21-02 ("AO 21-02"), entered June 22, 2021, provided for the rescission of AO 20-04 and AO 20-06 effective October 1, 2021; however, AO 21-02 was rescinded by Administrative Order 21-05, entered September 16, 2021 (before the rescission provisions of AO 21-02 took effect). 2 As used herein, "CM/ECF Procedures" refers to the Administrative Procedures for Filing, Signing, Retaining, and Verification of Pleadings in the Case Management/Electronic Case Filing (CM/ECF) System referenced in Local Rule 5005-4.