Local Rule 5005-1: Electronic Case Filing

Local Rule 5005-1 Electronic Case Filing

(a) Attorney Signatures. The electronic filing of a petition, pleading, motion, claim, or other papers by an attorney who is a registered participant in CM/ECF shall constitute:

(1) The signature of that attorney under Federal Rule of Bankruptcy Procedure 9011;

(2) Certification by the registered participant in CM/ECF, and any agent authorized by the registered participant, that: (i) all non-attorneys indicated to have signed the document have actually executed the filed document prior to electronic filing pursuant to one of the approved methods set forth in paragraph (f) below; and (ii) the registered participant has authorized the electronic filing of the executed document; and,

(3) Certification by the registered participant that any joint motion or consent order reflecting the signatures of other attorneys has been authorized explicitly in writing, evidence of which shall be retained by the registered participant for four years after the closing of the case or proceeding in which the document was filed. The submitting party shall present the evidence of all parties' acceptance of the terms of the consent order upon request of the court.

(b) Passwords. No attorney shall knowingly permit or cause to permit his/her password to be utilized by anyone other than an authorized member or employee of his/her organization.

(c) Official Court Record. CM/ECF shall constitute the official court record in electronic form. The electronic filing of a pleading or other paper in accordance with CM/ECF procedures shall constitute entry of the same on the docket kept by the Clerk of Court pursuant to Federal Rule of Bankruptcy Procedure 5003. The court will not maintain case files with the exception of documents that contain the signature of a pro se debtor.

(d) Notice and Service. If the recipient of notice or service is a registered participant in CM/ECF, service by electronic notification via CM/ECF shall be the equivalent of service of the pleading or other papers by first-class mail, postage pre-paid. Participation in CM/ECF and receipt of a password shall constitute agreement to receive electronic notice and service.

(e) Original Documents. When an attorney files a petition, declaration, pleading, or other document (electronically or non-electronically) with the original signature of any person who is not an attorney, the filing attorney will thereafter maintain the original document for a period ending four years after the case is closed. Original documents so maintained shall be presented to the court upon request.

(f) Collection and Retention of Non-attorney Signatures on Filed Documents. Any document electronically filed by a registered participant in CM/ECF which reflects a signature of a non-attorney may be signed using one of the following methods:

(1) An original wet ink signature, which shall be maintained pursuant to subsection (e);

(2) A digitally-scanned color image of the original signed document containing a wet ink signature;

(3) An image with a signature captured electronically at the time of document signing; or

(4) A signature created and authenticated by use of commercially available software programs for digital signatures.