eFiling in California with Electronic Signatures

eFiling can be done for signatures that do not require an oath under penalty of perjury. The official rules are set by California Rules of Court, Rule 2.257. The basic rule is if it’s signed under penalty of perjury, it must be a real, wet signature, but then it can be eFiled by scanning it back up.

Here’s a more detailed rundown of the specifics of Rule 2.257:

Electronic signature (a): An electronic signature is a sound, symbol, or process attached to an electronic record, indicating the intent to sign electronically created, sent, or stored documents.

Documents under Penalty of Perjury (b): When electronically filing a document that requires a signature under penalty of perjury, the declarant can sign electronically or physically, with a certification of the availability of the original signed document for inspection, as per state law.

Non-Penalty of Perjury Documents (c): Documents not requiring a penalty of perjury signature have the electronic filer as the signer. If multiple parties need to sign, they can do so on a printed version or use unique and verifiable electronic signatures.

Digital Signature (d): Using a digital signature for electronically filed documents is optional.

Judicial Signatures (e): Documents needing a court or judicial officer’s signature can be electronically signed in compliance with relevant laws.

Leave a Reply

Your email address will not be published. Required fields are marked *