(1) Generally. A document electronically transmitted to the court using the eFiling system must bear the electronic signature of the eFiler, as more fully described in paragraphs (a) and (b) below. The electronic signature of the eFiler will be treated as a personal signature and will serve as a signature for purposes of CR 11, and all other Kentucky Rules of Procedure, any applicable statutes, the Local Rules of Court, and any other purpose for which a signature is required in connection with proceedings before the court.(a) A document electronically transmitted to the court using the eFiling system must include a signature block setting forth the name, mailing address, phone number, fax number, and email address of the eFiler.(b) In addition, the name of the eFiler must be preceded by an "/s/" and typed in the space where the signature would otherwise appear. An electronic image of a handwritten signature may be applied to a signature line.(c) Affidavits and exhibits to pleadings with original handwritten signatures must be scanned and transmitted in PDF or PDF/A format.(d) An eFiler may not transmit a document to the court through the eFiling system on another person's behalf without the intent to represent a party or participate in the case. Electronically transmitting a document to the court using the eFiling system without the intent to represent a party or participate in the case could result in CR 11 sanctions.(2) Signatures of more than one person required. A document requiring signatures of more than one person must indicate the consent of the other persons on the document either by:(a) inserting in the location where each handwritten signature would otherwise appear the typed signature of each person, other than the eFiler, preceded by an "/s/" and followed by the words "by permission" (e.g., "/s/ Jane Doe by permission"); or(b) containing the handwritten signatures of each person on a scanned document.(3) Signatures of justices, judges, and other court officials. If the signature of a justice, judge, or other court official (e.g., a court commissioner or clerk) is required on a document, an electronic signature may be used. The electronic signature shall be treated as the justice's, judge's, or court official's personal signature for purposes of CR 11, all other Kentucky Rules of Civil Procedure, any applicable statutes, the Local Rules of Court, and any other purpose for which the signature is required in connection with proceedings before the court.(4) Documents required to be notarized, acknowledged, verified, or made under oath. The court will maintain the scanned image of any notarized, acknowledged, verified, or sworn document as the official court record, and the eFiler must retain the originally executed document in accordance with Section 18of these rules. The court may require the eFiler to produce the original document if validity of a signature is challenged.(5) Challenging or disputing authenticity.(a) A non-filing signatory or party who disputes the authenticity of an eFiling with a non-attorney signature, or the authenticity of the signature on that eFiling; or the authenticity of an eFiling containing multiple signatures, or the authenticity of the signatures on that eFiling, must file an objection to the eFiling within fourteen (14) days of service of the document. An objection to the eFiling shall place a burden on the eFiler to prove authenticity. Failure to prove authenticity by the eFiler will result in the eFiling being stricken from the record.(b) If a non-filing signatory or party wishes to challenge the authenticity of an eFiling or signature on an eFiling after the fourteen (14) day period, the non-filing signatory or party shall file a motion to seek a ruling from the court and show cause for the delayed challenge. If the challenge to authenticity is allowed by the court, the eFiler shall have the burden to prove authenticity. Failure to prove authenticity by the eFiler will result in the eFiling being stricken from the record.Ky. Admin. P. Ct. Justice. 12
Adopted by Order 2014-09, eff. 5/1/2014; amended by Order 2015-2, eff. 1/15/2015; amended by Order 2018-11, eff. 8/1/2018; amended by Order 2022-65, eff. 12/20/2022; amended by Order 2024-17, eff. 6/17/2024.