Rule 9 Signatures

(a) Signing Form and Effect.

(1) Representations. The electronic filing of a document, created by or on behalf of the electronic filer, constitutes the efiler’s signature on the document and for all other purposes under the applicable rules of procedure, including the imposition of sanctions under V.R.C.P. 11, V.R.P.P. 11, V.R.Cr.P. 49(d), and V.R.A.P. 25(d).

(2) Signing Electronic Document. An electronically filed pleading, motion, or other submission of an electronic filer, must include a signature block containing the filer’s typed-in name preceded by “/s/,” or an electronic facsimile of the filer’s signature, a scanned copy of it, or another form of electronic signature as defined in 9 V.S.A. § 271(9), and the filer’s name, mailing address, and the email address used to register under Rule 4.

(3) Signing Nonelectronic Document. A pleading or motion or other submission of the filer, nonelectronically filed, when permitted under Rule 3(b) or otherwise required by these rules, must be signed as provided in the applicable rules of procedure.

(4) Stipulations and Signed Documents Related to Merits. If a stipulation or other signed document relevant to the merits of any issue in an action or proceeding is electronically filed under these rules, the original, signed as provided in the applicable rules of procedure or other provisions of law, must be scanned and filed as a PDF file by the filer. If such a document is nonelectronically filed as permitted under Rule 2(b), the original or a legible copy must be filed, unless otherwise provided in the applicable rules of procedure or other provisions of law.

(b) Multiple Signatures.

(1) A submission of the type specified in (a)(2) or (a)(3), filed jointly by an electronic filer and other parties or counsel aligned in interest with the filer, must contain the signature of the efiler and the other parties or counsel in the form provided in (a)(2) or (3). If such a document is filed electronically, the efiler’s signature constitutes a representation that all the other signers consented to the filing of the document.

(2) Any other document that contains the signatures of persons other than the efiler must be filed and signed as provided in (a)(4).

(3) The filer of any document containing the signatures of one or more persons other than the filer must retain a paper or electronic copy of the document available for inspection by the signers or the court until the longer of two years or final disposition of the action, including the disposition of all appeals or the running of the time for appeal.

(c) Documents Requiring a Notary.

(1) Electronically Filed. Electronically filed documents that would otherwise require the approval or verification of a notary must be filed by one of the following methods:

(A) in accordance with 4 V.S.A. § 27b; or

(B) The original—signed and attested as provided in the applicable rules of procedure or other provisions of law—must be scanned and efiled by the efiler. The efiler must retain the original of the document available for inspection by the signers or the court until the longer of two years from the date of efiling or final disposition of the action, including the disposition of all appeals or the running of the time for appeal.

(2) Nonelectronically Filed. To nonelectronically file a document that requires the approval or verification of a notary, the filer must sign the document and have it notarized as provided in the applicable rules of procedure or other provisions of law. The filer is not required, however, to submit the original. If the original is not filed, the filer must retain the original of the document available for inspection by the signers or the court in the manner and for the duration specified in subparagraph (c)(1)(B). The filer may either:

(A) At any court location, present the original to be scanned into electronic format by court staff and retain the original; or

(B) Make a paper copy of the original, send the copy to the court for filing, and retain the original.

(d) Signatures of Court Personnel.

(1) Judicial Officers. Judicial officers of the Supreme Court, the Superior Court, and the Judicial Bureau may sign any document created, sent, or filed in electronic form subject to the following conditions:

(A) Judicial officers must create, through the Office of the Court Administrator, and maintain an electronic facsimile of their signature.

(B) Judicial officers may sign any document created, sent, or filed in electronic form with their electronic facsimile signature followed by a signature block containing the signer’s typed name and title. That signature has the same effect as a handwritten signature on a nonelectronic document.

(C) When judicial officers use an electronic facsimile signature on a document sent from their official state email address or from another email address registered with the Court Administrator, or file it in the electronic filing system, the signature is presumed valid.

(D) Judicial officers may delegate use of their electronic facsimile signature to an authorized designee. Whenever a designee uses the facsimile signature, the designation must be disclosed on the document.

(E) Unauthorized use of an electronic facsimile signature renders invalid the document that was issued with the unauthorized signature unless the judicial officer ratifies use of the signature.

(2) Court Personnel and Others. The electronic filing or transmission of any document by court personnel authorized to sign the document and by others authorized to sign, including masters, receivers, guardians ad litem, parent coordinators, and neutrals required to file a report, are deemed signed by senders if transmitted from their official state or professional email address or filed by them in the electronic filing system accompanied by a signature block containing the signer’s typed name and title.