CM/ECF Signatures

I have been questioned about an /s/ signature we uploaded recently.  It made me pull out the Court Manual and remind myself of the actual requirements for using an /s/ signature.  After 8-9 readings of the same few lines, I think I’ve got it down.

  1. If the signature is of the actual registered user, i.e., the attorney, i.e., me, the hard copy still must be signed and the original signature maintained for five years after the closing of the case.  The /s/ signature may be uploaded by itself.
  2. If the signature is of the debtor, the hard copy must be signed and an ecf Declaration must be signed by the debtor and the registered user.  The /s/ signature can be uploaded with the ecf Declaration.  The original signature must retained for 5 years.
  3. If the signature is someone other than the debtor, but is a client of the registered user, follow number 2 above.  Remember, if you represent a corp, the owner is not the client.  If you represent a bank, the person signing the pleading is not the client.
  4. If the signature is not the debtor and not your client, you cannot use the /s/ signature.  You must upload the actual signature, which they love to call the holographic signature.  Another example of this would be a person in your firm who is not the registered user.  You must upload the holographic signature except when it is a signature of the proof of service.  See next number.
  5. If the signature is an employee of the firm or the registered user, you can upload the /s/ signature on the proof of service – only.

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