Rule 5B Electronic Filing, Signing, or Verification

(1) Any court governed by these rules may, by local rule, allow documents to be filed, signed, and verified by registered users of an E-filing system. Any local rule that allows documents to be E-filed may also allow such documents to be E-served. Pleadings and other documents filed or served electronically under any such local rule shall be considered the same as written documents filed or served by conventional means.

(2) Any court governed by these rules shall allow documents to be signed and/or verified by attorneys with an electronic signature either in the form of s/_____ (typed out), a graphic representation of an electronic signature, and/or a digital graphic representation of the signature as signed by the person. Any court governed by these rules also shall allow electronic signatures on all discovery, declarations, subpoenas, or any other legal document in this same way. An electronic signature shall be considered the same as an original signature for all purposes.

(3) The following definitions shall apply herein:

(a) “E-file” or “E-filing” means the proper electronic transmission of original documents to

and from the court for the purposes of E-filing using the court’s E-filing system.

(b) “E-Filer” means a registered user who e-files a document.

(c) “E-Filing system” means a system adopted by local rule of any Circuit, Chancery,

Criminal, Probate, Juvenile or General Sessions Court Clerk that allows for the E-filing of

documents and is in compliance with the technological standards promulgated by the

Tennessee Supreme Court.

(d) “E-service” or “E-served” means the automatically generated electronic transmission to

all participants in a case who are registered users, by and through the E-filing system, of (i) a notice of the filing of a document with a copy of the document attached, (ii) a notice of the filing of a document with a hyperlink to the document, or (iii) a notice of the filing of a document and the document can be accessed by the registered user in the E-filing system.

(e) A “registered user” is a person who has properly registered with and has been authorized by a court system administrator to use an E-filing system for the E-filing of documents in accordance with the requirements of a local rule of court. A registered user is deemed to have consented to E-service and is responsible for maintaining a valid and current e-mail address in the E-filing system.