CANB — General Order 39: (Amended)

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/AmendedGO39.pdf

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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re:
11 AMENDED GENERAL ORDER 39
SIGNATURES ON ELECTRONIC
12 FILINGS.

COURT 13 California 14 ORDER TEMPORARILY SUSPENDING REQUIREMENT TO OBTAIN ORIGINAL Of 15 SIGNATURES FOR ELECTRONIC FILINGS

16 WHEREAS, for reasons stated in amended General Order 38, the entire Bay Area is subject DistrictBANKRUPTCY 17 to Shelter in Place orders arising from the COVID-19 outbreak;

18 WHEREAS, a significant percentage of the documents and pleadings filed in the United NorthernSTATES 19 States Bankruptcy Court for the Northern District of California are filed electronically under the The
For 20 court’s Electronic Case Filing Procedures (“ECF Procedures”);UNITED 21 WHEREAS, section 7 of the ECF Procedures provides in pertinent part that “The electronic

22 filing of a Verified Pleading constitutes a representation by the Registered Participant who files it

23 that at the same time of filing he or she possesses the fully executed original, signed pleading or

24 document;” and

25 WHEREAS, the Shelter In Place orders may prevent attorneys from timely obtaining

26 original signatures, thereby interfering with their ability to provide appropriate bankruptcy relief or

27 measures;

28 IT IS HEREBY ORDERED that effective upon the date of this Order and until further

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AMENDED GENERAL ORDER 39

1 notice, the Court hereby suspends, subject to the conditions stated below, the ECF Procedures’

2 requirement that a Registered Participant possess the signatory’s original, physical signature before

3 electronically filing a pleading or document. This suspension is expressly conditioned on the

4 following: that before filing the document or pleading in question, the Registered Participant has

5 either (a) obtained a digital signature via any commercially available digital signature software that

6 provides signature authentication and maintains a copy of the digitally signed document or pleading

7 in his or her case file; or (b) obtained express written permission from the signatory to file the

8 document or pleading in question and maintains a copy of such written permission in his or her case

9 file. The filing of a document or pleading under this amended General Order constitutes a

10 certification that the Registered Participant either has obtained the signatory’s original, physical

11 signature or has complied with the foregoing conditions. The electronic signature or the written

12 permission shall have the same force and effect as if the Registered Participant possesses the paper

COURT 13 original of such document or pleading. This General Order does not waive, suspend, limit or alter California 14 any other ECF Procedures requirement, and any Bankruptcy Local Rule, Bankruptcy Code section, Of 15 or Federal Rule of Bankruptcy Procedure.

16 Dated: March 30, 2020 DistrictBANKRUPTCY 17 _________________________________
Charles Novack
18 Chief Bankruptcy Judge NorthernSTATES
The 19 * * END OF ORDER * *
For 20UNITED 21

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AMENDED GENERAL ORDER 39