WSR 07-23-015

RULES OF COURT

STATE SUPREME COURT


[ November 7, 2007 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENT TO GR 30 )

)

ORDER

NO. 25700-A-884


The Judicial Information System (JIS) Committee having recommended the adoption of the proposed amendment to GR 30, and the Court having determined that the proposed amendment will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendment as attached hereto is adopted.

(b) That pursuant to the emergency provisions of GR 9 (j)(1), the amendment will be published expeditiously and become effective upon publication.

DATED at Olympia, Washington this 7th day of November, 2007.
Alexander, C.J.


C. Johnson, J.


Chambers, J.


Madsen, J.



Sanders, J.


Fairhurst, J.


Bridge, J.


J. M. Johnson, J.



[SUGGESTED AMENDMENTS]

GR 30

ELECTRONIC FILING


GR 30.1 (a) Definitions.

(a1) "Digital signature" is defined in RCW 19.34.020.

(b2) "Electronic Filing" is the electronic transmission of information to a court or clerk for case processing.

(c3) "Electronic Document" is an electronic version of information traditionally filed in paper form, except for documents filed by facsimile which are addressed in GR 17. An electronic document has the same legal effect as a paper document.

(4) "Electronic Filing Technical Standards" are those standards, not inconsistent with this rule, adopted by the Judicial Information System Committee to implement electronic filing.

(5) "Filer" is the person whose user ID and password are used to file an electronic document.

Comment


The form of "digital signature" that is acceptable is not limited to the procedure defined by chapter 19.34 RCW, but may include other equivalently reliable forms of authentication as adopted by local court rule or general order.

GR 30.2 (b) Electronic filing authorization, exception, service, and technology equipment.

(a1) The clerk may accept for filing an electronic document that complies with the Court Rules and the Electronic Filing Technical Standards.

(b2) A document that is required by law to be filed in non-electronic media may not be electronically filed.

Comment


Certain documents are required by law to be filed in non-electronic media. Examples are original wills, certified records of proceedings for purposes of appeal, negotiable instruments, and documents of foreign governments under official seal.


(c3) Electronic Transmission from the Court. The clerk may electronically transmit notices, orders, or other documents to the party filing a party who has filed electronically, and to any other person who agrees or has agreed to accept electronic documents from the court, and has provided the clerk the address of the party's electronic mailbox. It is the responsibility of the filing or agreeing party to maintain an electronic mailbox sufficient to receive electronic transmissions of notices, orders, and other documents.

(d4) Electronic Service by Parties. Parties may electronically serve documents on other parties of record only by agreement.

(e5) Electronic filing is voluntary. An attorney, party, court, or clerk is not required to accept or file electronic documents. A court may adopt a local rule that mandates electronic filing by attorneys provided that the attorneys are not additionally required to file paper copies except for those documents set forth in (b)(2). The local rule shall not be inconsistent with this Rule and the Electronic Filing Technical Standards, and the local rule shall permit paper filing upon a showing of good cause. Electronic filing should not serve as a barrier to access.

Comment


When adopting electronic filing requirements, courts should refrain from requiring counsel to provide duplicate paper pleadings as "working copies" for judicial officers.

GR 30.3 An electronic document has the same legal effect as a paper document.

GR 30.4 (c) Time of Filing, Confirmation, and Rejection.

(a1) An electronic document is filed when it is received by the clerk's designated computer during the clerk's business hours; otherwise the document is considered filed at the beginning of the next business day.

(b2) The clerk shall issue confirmation to the filing party that an electronic document has been received.

(c3) The clerk may reject a document that fails to comply with the court's applicable electronic filing requirements. The clerk must notify the filing party of the rejection and the reason therefor.

GR 30.5 (d) Authentication of Electronic Documents.

(a1) Procedures

(A) A person seeking to file filing or authenticate an electronic document must have first apply either to the Administrative Office of the Courts or a clerk, approved by the Administrative Office of the Courts for a password and personal identification number. applied for and received a user ID and password from the applicable electronic filing service provider.

Comment


The committee encourages local clerks and courts to develop a protocol for uniform statewide single user ID's and passwords.


(B) All electronic documents must be filed by using the user ID and password of the filer.

(C) A filer is responsible for all documents filed with his or her user ID and password. No one shall use the filer's user ID and password without the authorization of the filer.

(b) All electronic documents must be filed using the password and personal identification number authorized in subsection (a). An electronic document is presumed to have been signed and authorized when the filer uses the authorized password and personal identification number to file the electronic document. The password and personal identification number cannot be used by, or on behalf of, anyone other than the person to whom it is assigned.

(2) Signatures

(A) Attorney signatures - An electronic document which requires an attorney's signature may be signed with a digital signature or signed in the following manner:


s/ John Attorney

State Bar Number 12345

ABC Law Firm

123 South Fifth Avenue

Seattle, WA 98104

Telephone: (206) 123-4567

Fax: (206) 123-4567

E-mail: John.Attorney@lawfirm.com


(B) Non-attorney signatures - An electronic document which requires a non-attorney's signature and is not signed under penalty of perjury may be signed with a digital signature or signed in the following manner:


s/ John Citizen

123 South Fifth Avenue

Seattle, WA 98104

Telephone: (206) 123-4567

Fax: (206) 123-4567

E-mail: John.Citizen@email.com


(C) Non-Attorney signatures on documents signed under penalty of perjury - Except as set forth in (d)(2)(D) of this rule, if the original document requires the signature of a non-attorney signed under penalty of perjury, the filer must either:

(i) Scan and electronically file the entire document, including the signature page with the signature, and maintain the original signed paper document for the duration of the case, including any period of appeal, plus sixty (60) days thereafter; or

(ii) Ensure the electronic document has the digital signature of the signer.

(D) Arresting or citing officer signatures on citations and notices of infraction filed electronically in courts of limited jurisdiction - A citation or notice of infraction initiated by an arresting or citing officer as defined in IRLJ 1.2(j) and in accordance with CrRLJ 2.1 or IRLJ 2.1 and 2.2 is presumed to have been signed when the arresting or citing officer uses his or her user id and password to electronically file the citation or notice of infraction.

(E) Multiple signatures - If the original document requires multiple signatures, the filer shall scan and electronically file the entire document, including the signature page with the signatures, unless:

(i) The electronic document contains the digital signatures of all signers; or

(ii) For a document that is not signed under penalty of perjury, the signator has the express authority to sign for an attorney or party and represents having that authority in the document.

If any of the non-digital signatures are of non-attorneys, the filer shall maintain the original signed paper document for the duration of the case, including any period of appeal, plus sixty (60) days thereafter.

(F) Court Facilitated Electronically Captured Signatures - An electronic document that requires a signature may be signed using electronic signature pad equipment that has been authorized and facilitated by the court. This document may be electronically filed as long as the electronic document contains the electronic captured signature.

(c) A document that is required by law to be executed under penalty of perjury must be electronically authenticated by the affiant/declarant using the affiant/declarant's password and personal identification number authorized in subsection (a). All electronic documents signed under penalty of perjury must conform to the oath language requirements set forth in RCW 9A.72.085 and GR 13.

(d3) An electronic document filed in accordance with this rule shall bind the Signatory signer and function as the Signatory's signer's signature for any purpose, including CR 11. An electronic document shall be deemed the equivalent of an original signed document if the filer has and the affiant/declarant have complied with this rule. All electronic documents signed under penalty of perjury must conform to the oath language requirements set forth in RCW 9A.72.085 and GR 13.

GR 30.6 (e) Filing fees, electronic filing fees.

(a1) The clerk is not required to accept electronic documents that require a fee. If the clerk does accept electronic documents that require a fee, the local courts must develop procedures for fee collection that comply with the payment and reconciliation standards established by the Administrative Office of the Courts and the Washington State Auditor.

(b2) Anyone entitled to waiver of non-electronic filing fees will not be charged electronic filing fees. The court or clerk shall establish an application and waiver process consistent with the application and waiver process used with respect to non-electronic filing and filing fees.

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office