Iowa R. Elec. P. 16.305

As amended through September 9, 2024

Rule 16.305 - Signatures

(1)Registered filers. A registered filer's login and password required for submission of documents to EDMS, accompanied by a digitized, electronic, or nonelectronic signature representation and a signature block as described in rule 16.305(4)(a), serve as the registered filer's signature on all electronic documents filed with the court. These also serve as a signature for purposes of the Iowa Rules of Civil Procedure, any other applicable Iowa Court Rules, and for any other purpose for which a signature is required in connection with proceedings before the court.

(2)Nonelectronic signatures. If a document contains a nonelectronic signature, the signed document must be scanned for electronic filing.

(3)Documents requiring oaths, affirmations, verifications, acknowledgements, or notarization. Any document requiring that a signature be made under oath or affirmation or with verification or acknowledgement, or any document being notarized, must be either signed by the subscriber nonelectronically and scanned for electronic filing or signed by the subscriber with a digitized signature. The same requirements apply to any oath giver's or witness's signature.

COMMENT:

Rule 16.305(3). A notary signature cannot be an electronic /s/ signature; it must be a digitized or nonelectronic signature. The notary seal may be electronic pursuant to Iowa Code chapter 9B. If the law requires the document to be signed in the notary's presence, the oath giver's and witness's signatures must be either nonelectronic or digitized (applied by a mechanism such as a signature pad that captures an unaltered image of the signer's signature). See Iowa Secretary of State website for additional information on notarization. [Court Order November 21, 2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]

(4)Signature blocks. Any filing requiring a signature must be signed with a signature representation authorized by these rules and accompanied by a block of identifying information.

a. The following identifying information about the person signing the filing, to the extent applicable, must be typewritten or printed under the person's signature representation:

1. Name.

2. Law firm or name of partnership, association, corporation, tribe, or individual property owner in a landlord-tenant matter on whose behalf the filing agent is signing.

3. Mailing address.

4. Telephone number.

5. Email address.

6. The email addresses of any other persons at the law firm who are to be notified of additions or corrections to the electronic file.

b. Victims and protected persons may omit mailing addresses, telephone numbers, and email addresses from their signature block when necessary for their protection.

c. Registered filers are responsible for promptly updating the information in (1) through (6) of rule 16.305(4)(a) in their EDMS account. Nonregistered filers are responsible for informing the court of any changes in this information with respect to all cases in which they have appeared.

COMMENT:

Rule 16.305(4). Under the signature rules of chapter 16, the following signature blocks are valid:

/s/ Judith Attorney

Attorney Law Firm

1111 Court Ave., Des Moines, IA 50209

515-555-5555

JAttorney@Law.gov

Or,

/s/ with name typed beside symbol as follows:

/s/ Judith Attorney

Judith Attorney

Attorney Law Firm

1111 Court Ave., Des Moines, IA 50209

515-555-5555

JAttorney@Law.gov

Or,

/ Judith Attorney /

Judith Attorney

Attorney Law Firm

1111 Court Ave., Des Moines, IA 50209

515-555-5555

JAttorney@Law.gov

Or,

Judith Attorney

Attorney Law Firm

1111 Court Ave., Des Moines, IA 50209

515-555-5555

JAttorney@Law.gov

If the attorney logged in is not the attorney signing, the document must be signed by both, including a signature block for each attorney.

/s/ Judith Attorney

Judith Attorney

Attorney Law Firm

1111 Court Ave., Des Moines, IA 50209

515-555-5555

JAttorney@Law.gov

And

/s/ Andrew Attorney

Andrew Attorney

Attorney Law Firm

1111 Court Ave., Des Moines, IA 50209

515-555-5555

Attorney@Law.gov

[Court Order November 21, 2016, temporarily effective November 21, 2016, permanently effective February 1, 2017]

(5)Multiple signatures.

a. By filing a document containing two or more signatures, the registered filer confirms that the content of the document is acceptable to all persons signing the document and that all such persons consent to having their signatures appear on the document.

b. To receive notice of the filing of subsequent documents in the case, any persons signing the document must be registered filers.

c. After following the requirements of this rule, the registered filer must either:

(1) Scan the original document, with all of the signatures attached, and file the document electronically; or

(2) Electronically file the document in a portable document format (.pdf) using a signature format set out in the comment to rule 16.305(4).

(6)Signatures presumed valid.

a. A signature on an electronically filed document is presumed valid and authentic until established otherwise by clear and convincing evidence.

b. A digitized or nonelectronic signature on a document that a governmental agency electronically files for the purpose of obtaining court action or any other signature the court has approved is presumed valid even if the signature is not from a registered filer.

(7)Disputing authenticity or validity of signatures. An attorney or a party who disputes the authenticity or validity of any digitized, nonelectronic, or electronic signature on an electronically filed document must file an objection to the signature within 30 days after the attorney or party knew or should have known the signature was not authentic or valid.

Iowa. R. Elec. P. 16.305

Court Order November 21, 2016, temporarily effective 11/21/2016, permanently effective 2/1/2017; Order August 30, 2021, effective 8/30/2021.

COMMENT:

Rule 16.305(6).

This rule does not supersede any foundation or proof requirements contained in the Iowa Code or the Iowa Court Rules.