If a court or regulator allows e-filing but requires the filer to retain an original signed document, can that original itself be electronic?
A bankruptcy court in California recently issued sanctions against an attorney who filed electronic documents without retaining an “original” of the documents as required by the Rules – because the documents held by the attorney were signed using Docusign, and they did not qualify as originals for that purpose. Here is an article about the decision.
Here is the rule in the Court Manual:
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Court Manual section 3.4(1)(4): Retention of Original Signatures. The registered CM/ECF User