L.A.R. Misc. 113.9: Signatures

(a) The user log-in and password required to submit documents to the electronic filing system serve as the Filing User’s signature on all electronic documents filed with the court.

They also serve as a signature for purposes of the Federal Rules of Appellate Procedure, the local rules of court, and any other purpose for which a signature is required in connection with proceedings before the court.

(b) The name of the Filing User under whose log-in and password the document is submitted must be preceded by an “s/” and typed in the space where the signature would otherwise appear. Alternatively, an electronic signature may be used.

(c) No Filing User or other person may knowingly permit or cause to permit a Filing User’s log-in and password to be used by anyone other than an authorized agent of the Filing User. Documents requiring signatures of more than one party must be electronically filed either by:

(1) submitting a scanned document containing all necessary signatures;

(2) submitting a statement representing the consent of the other parties on the document;

(3) identifying on the document the parties whose signatures are required and submitting a notice of endorsement by the other parties no later than three business days after filing; or

(4) in any other manner approved by the court. Electronically represented signatures of all parties and Filing Users as described above are presumed to be valid signatures. If any party, counsel of record, or Filing User objects to the representation of his or her signature on an electronic document as described above, he or she must, within 10 days, file a notice setting forth the basis of the objection.

An electronic signature or the “s/” preceding a typed name indicates that the electronically filed document was endorsed by that party or Filing User. This Rule does not require a Filing User to personally file his or her own documents. The task of electronic filing may be delegated to an authorized agent, who may use the log-in and password to make the filing. Use of the log-in and password to make the filing constitutes a signature by the Filing User under the Rule, even though the Filing User does not perform the physical act of filing. Issues arise when documents being electronically filed have been signed by persons other than the filer, e.g., stipulations and affidavits. For documents signed by individuals without logins and passwords (non-Filing Users), the Rule provides that the signature must appear as “s/” or as a scanned image. Under L.A.R. Misc. 113.8 above, the Filing User must retain a paper copy with the original signature of any such document filed by the Filing User.