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Rules of Civil Procedure

TITLE TWO — COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS

  • 3Commencement of Action
  • 3.1Case Types; Case Numbers; Assignment of a Judge
  • 4Process; Summons
  • 4.1Serving Other Process
  • 4.2Proof of Service; Return
  • 5Service and Filing of Pleadings and Other Papers
  • 5.1The Electronic Filing System; When a Paper Is Filed
  • 5.2Electronic Signature; Attestation
  • 5.3Clerk Review; Rejection; Corrected Refiling
  • 5.4Restricted and Workflow-Owned Matters
  • 5.5Programmatic Filings
  • 5.6Sensitive Information in Filings
  • 6Time
  • 6.1Fees; Waiver; Indigency

TITLE TWO — COMMENCEMENT OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS AND ORDERS

Rule 5.2. Electronic Signature; Attestation

Cite asRid. R. Civ. P. 5.2Official text at page 10

In this rule

  • 1.Electronic Signature Defined
  • 2.Effect
  • 3.The Integrity Anchor
  • 4.No Verification of the Name
  • 5.No Signature Block; No Credential
  • 6.No Filing on Behalf of Another
  • 7.Responsibility for the Account
  • 8.Joint Papers
  • 9.Representations by Signing
  • 10.Unsigned Filings
1.§

Electronic Signature Defined. “Electronic signature” means the name transmitted by an account holder with a filing. Every filing shall bear an electronic signature, and the electronic filing system shall receive no filing that does not bear one.

2.§

Effect. The electronic signature transmitted with a filing constitutes:

1.§

The signature of the account holder who transmitted the filing, upon every document comprising that filing; and

2.§

That account holder’s declaration, under penalty of perjury under the laws of the State of Ridgeway, that the contents of the filing are true and correct and that the account holder is authorized to make the filing.

A person who willfully subscribes as true any material matter that the person does not believe to be true is subject to prosecution under R.C.C. § 2.10.

3.§

The Integrity Anchor. The integrity of a filing rests upon the authenticated account that transmitted it, and upon nothing else. The record of that account is the court’s conclusive record of who made the filing, subject only to Rule 5.5.

4.§

No Verification of the Name. Neither the electronic filing system nor the clerk compares the electronic signature to the name of the account holder, to any bar record, or to any other record. The electronic signature is not a representation that the name transmitted is the legal name of the signer, and no rule, order, or judgment shall treat it as one.

5.§

No Signature Block; No Credential. No signature block, signature image, notarial act, certificate, personal identification number, or second credential is required upon a document, and none shall satisfy, in whole or in part, any requirement of identity, authority, or attestation under these rules. A signature block appearing upon a document has no effect independent of the electronic signature transmitted with the filing.

6.§

No Filing on Behalf of Another. There is no filing on behalf of another person. The filer of record is always the authenticated account through which the filing was transmitted. A clerk, an attorney, or a judge may cause a person to be added to a case as a party; no person may file as, for, or in the name of another.

7.§

Responsibility for the Account. An account holder is responsible for every filing transmitted through that account and for every representation the filing carries, whether or not the account holder personally transmitted it. Failure to safeguard an account is not a defense to any obligation arising from a filing made through it, and is subject to sanction under Rule 11.

8.§

Joint Papers. A filing bears one electronic signature. Where a paper is presented on behalf of more than one party or by more than one attorney, the account holder who transmits it signs for all who authorized it, and each person who authorized it is bound by the representations of Rule 11 as though that person had signed.

9.§

Representations by Signing. The representations a person makes by signing a filing, and the sanctions for a violation of them, are prescribed by Rule 11 and by 7 R. Stat. §§ 132.301 through 132.304.

10.§

Unsigned Filings. A filing transmitted otherwise than through the electronic filing system’s authenticated channel is not signed within the meaning of this rule, whatever string of characters it may carry, and is governed by Rule 5.5.

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