Vt. R. Elec. Filing. 9

As amended through May 6, 2024

Rule 9 - Signatures

(a)Signing Form and Effect.

(1)Representations. The electronic filing of a document, created by or on behalf of the electronic filer, constitutes the efiler's signature on the document and for all other purposes under the applicable rules of procedure, including the imposition of sanctions under V.R.C.P. 11, V.R.P.P. 11, V.R.Cr.P. 49(d), and V.R.A.P. 25(d).

(2)Signing Electronic Document. An electronically filed pleading, motion, or other submission of an electronic filer, must include a signature block containing the filer's typed-in name preceded by "/s/," or an electronic facsimile of the filer's signature, a scanned copy of it, or another form of electronic signature as defined in 9 V.S.A. § 271(9), and the filer's name, mailing address, and the email address used to register under Rule 4.

(3)Signing Nonelectronic Document. A pleading or motion or other submission of the filer, nonelectronically filed, when permitted under Rule 3(b) or otherwise required by these rules, must be signed as provided in the applicable rules of procedure.

(4)Stipulations and Signed Documents Related to Merits. If a stipulation or other signed document relevant to the merits of any issue in an action or proceeding is electronically filed under these rules, the original, signed as provided in the applicable rules of procedure or other provisions of law, must be scanned and filed as a PDF file by the filer. If such a document is nonelectronically filed as permitted under Rule 2(b), the original or a legible copy must be filed, unless otherwise provided in the applicable rules of procedure or other provisions of law.

(b)Multiple Signatures.

(1) A submission of the type specified in (a)(2) or (a)(3), filed jointly by an electronic filer and other parties or counsel aligned in interest with the filer, must contain the signature of the efiler and the other parties or counsel in the form provided in (a)(2) or (3). If such a document is filed electronically, the efiler's signature constitutes a representation that all the other signers consented to the filing of the document.

(2) Any other document that contains the signatures of persons other than the efiler must be filed and signed as provided in (a)(4).

(3) The filer of any document containing the signatures of one or more persons other than the filer must retain a paper or electronic copy of the document available for inspection by the signers or the court until the longer of two years or final disposition of the action, including the disposition of all appeals or the running of the time for appeal.

(c)Documents Requiring a Notary.

(1)Electronically Filed. Electronically filed documents that would otherwise require the approval or verification of a notary must be filed by one of the following methods:

(A) in accordance with 4 V.S.A. § 27b; or

(B) The original-signed and attested as provided in the applicable rules of procedure or other provisions of law-must be scanned and efiled by the efiler. The efiler must retain the original of the document available for inspection by the signers or the court until the longerof two years from the date of efiling or final disposition of the action, including the disposition of all appeals or the running of the time for appeal.

(2)Nonelectronically Filed. To nonelectronically file a document that requires the approval or verification of a notary, the filer must sign the document and have it notarized as provided in the applicable rules of procedure or other provisions of law. The filer is not required, however, to submit the original. If the original is not filed, the filer must retain the original of the document available for inspection by the signers or the court in the manner and for the duration specified in subparagraph (c)(1)(B). The filer may either:

(A) At any court location, present the original to be scanned into electronic format by court staff and retain the original; or

(B) Make a paper copy of the original, send the copy to the court for filing, and retain the original.

(d)Signatures of Court Personnel.

(1)Judicial Officers. Judicial officers of the Supreme Court, the Superior Court, and the Judicial Bureau may sign any court-generated document created and to be sent or filed in electronic form subject to the following conditions:

(A) Judicial officers must create, through the Office of the Court Administrator, and maintain an electronic facsimile of their signature.

(B) Judicial officers may sign any court-generated document created and to be sent or filed in electronic form with their electronic facsimile signature followed by a signature block containing the signer's typed name and title. That signature has the same effect as a handwritten signature on a nonelectronic document.

(C) When judicial officers use an electronic facsimile signature on a document sent from their official state email address or from another email address registered with the Court Administrator, or file it in the electronic filing system, the signature is presumed valid.

(D) Judicial officers may delegate use of their electronic facsimile signature to an authorized designee. Whenever a designee uses the facsimile signature, the designation must be disclosed on the document.

(E) Unauthorized use of an electronic facsimile signature renders invalid the document that was issued with the unauthorized signature unless the judicial officer ratifies use of the signature.

(2)Court Personnel and Others. The electronic filing or transmission of any court-generated document by court personnel authorized to sign the document and by others authorized to sign, including masters, receivers, guardians ad litem, parent coordinators, and neutrals required to file a report, are deemed signed by senders if transmitted from their official state or professional email address or filed by them in the electronic filing system accompanied by a signature block containing the signer's typed name and title.

Vt. R. Elec. Filing. 9

Adopted Dec. 10, 2019, eff. 3/2/2020.

Reporter's Notes-2020

Rule 9 addresses signatures on two types of documents, those created by or on behalf of the filer for the litigation-labeled "procedural documents" in the 2010 version of the rule, and those documents that are evidence with respect to issues in the

litigation-called documents "relevant to the merits" in the 2010 version of the rule. Rule 9 generally follows the organization and content of Rule 7 of the 2010 Vermont Rules for Electronic Filing.

This rule first addresses signatures on litigation documents created by the filer. The rules of procedure governing each of the divisions of the superior court require all, or virtually all, documents created by the filer to be signed by the filer. See V.R.C.P. 11(a) ("Every pleading, written motion, and other document that requires a signature shall be signed by at least one attorney of record in the attorney's individual name, or if a party is not represented by an attorney, shall be signed by the party") (governs civil, family, and environmental proceedings); V.R.Cr.P. 7(b) (the indictment or information "shall be signed by the prosecuting officer on his oath of office"), V.R.Cr.P. 49(d) ("Every written motion, written notice or similar paper of a party represented by an attorney shall be signed by at least one attorney of record in the attorney's original name, whose address shall be stated. A defendant who is not represented by an attorney shall sign the motion, notice or similar paper and state his address"); V.R.P.P. 11(a) ("The petition shall be signed by each petitioner. Every other pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.").

In general practice most documents prepared for the litigation are signed. Typically, paper filings have been accompanied by a signed transmittal letter addressed to the court clerk. Such a letter is unnecessary for electronic filings that are filed into statewide electronic casefiles. Attachments to a pleading or motion are not required to be signed.

The signing requirements are not changed by this rule either for electronic or nonelectronic signing. The method for signing for electronic filing is simplified. The filing alone constitutes the filer's signature for all purposes. Multiple options of displaying a signature are authorized by Rule 9(a)(2).

Litigation documents of the type described above may be signed by one or more parties or their attorneys. In such a case, Rule 9(b)(1) requires that the document contain a display of each signature as provided in Rule 9(a)(2) or (3). The filing of the document is the equivalent of the filer's signature and additionally is a representation of the filer that parties and attorneys have consented to their signature as displayed. Under Rule 9(b)(3), the filer must retain the original or an electronic copy of the filing for the duration of the litigation or a period of two years, whichever is longer, in case a dispute arises over whether the signature of a nonfiler was authorized.

Where a litigation document is filed nonelectronically, a signature that complies with the applicable rule of procedure is required under Rule 9(a)(3).

Signatures for the second type of document, that is documents that are evidence with respect to the merits of the litigation, are addressed in Rule 9(a)(4). The electronic filer must scan the document, including the signature or signatures, and file a PDF version of the document. The nonelectronic filer can file the original or a legible copy, unless a rule or provision of law dictates otherwise.

The procedure for filing a document signed under oath is provided in Rule 9(c). There are two methods for efiling. An efiler may follow the procedure set out in 4 V.S.A. § 27b that states the efiler may file "the document with the following language inserted above the signature and date: 'I declare that the above statement is true and accurate to the best of my knowledge and belief. I understand that if the above statement is false, I will be subject to the penalty of perjury.' " 4 V.S.A. § 27b(a). Alternatively, an efiler may efile a copy and retain the original or electronic copy of the filing for the duration of the litigation or a period of two years, whichever is longer, in case a dispute arises.

A nonelectronic filer must have the original document signed and notarized but is not required to submit the original for filing. The filer may either bring the document to any court location for court staff to scan into electronic form or make a photocopy of the original and send it to the court for filing, such as by mailing. If the original is not filed, the nonelectronic filer must retain the document in the manner and for the duration specified in subparagraph (c)(1)(B) herein. Caution should be used in nonelectronic filing of the original of any signed and notarized document because under Rule 12(b), the court is not required to maintain a nonelectronically filed paper document after it has been converted to electronic form. This may not be of concern for paper documents routinely submitted in proceedings on court forms such as applications to proceed in forma pauperis, or for assignment of counsel, or affidavits of income and assets in the family division. However, this may present particular concerns as to preservation of an original signed and notarized document that is of use and value outside of a case in which it may be filed. See Reporters Notes to Rule 12(b).

Subdivision (d) continues Rule 7(d) of the 2010 Vermont Rules for Electronic Filing with minor wording changes. The system for judicial and court personnel electronic signatures is in place and has worked since its adoption.