9004-1 GENERAL REQUIREMENTS OF FORM
9004-1 General Requirements of Form(a) General Format of Documents.
(1) All documents in paper form presented for filing with the court, other than those on Official Bankruptcy Forms and other forms approved by the Court, shall be on white paper, with numbered lines in the left margin, 8½" x 11" in size, and shall otherwise comply with all other applicable provisions of these Rules. Matter contained thereon shall be typewritten or presented by some other clearly legible process, without erasures or interlining which materially defaces the document, and shall appear on one side of each sheet only. Documents shall be double-spaced except for the identification of counsel, titles, headings, footnotes, quotations, exhibits, and descriptions of real property. Each page shall be numbered consecutively at the bottom.
(2) Electronic Documents. All documents in electronic form presented for filing with the court shall be submitted as a PDF file using the court’s electronic filing system and when opened for viewing on the electronic case file system shall conform in all respects to the general appearance of traditional paper documents, prepared in the manner and form described in (1), above. (b) Counsel Identification. The name, address (including e-mail address, if the document is to be submitted in electronic form), telephone number, and the California State Bar membership number (not applicable to counsel for the United States) of all counsel (or, if in propria persona, of
the party) and the specific identification of each party represented by name and interest in the proceeding (e.g., Debtor Smith, Creditor Bank, Plaintiff Roe, Defendant Doe) shall appear in the upper left-hand corner of the first page of each document presented for filing, except that in the instance of multiparty representation reference may be made to the signature page for the complete list of parties represented.
(c) Signatures Generally. All pleadings and non-evidentiary documents shall be signed
by the individual attorney for the party presenting them, or by the party involved if that party is appearing in propria persona. Affidavits and certifications shall be signed by the person offering the evidentiary material contained in the document. The name of the person signing the document shall be typed underneath the signature.
(1) Signatures on Documents Submitted Electronically.
(a) Signature of the Registered User. The username and password required to access the electronic filing system shall serve as the registered user’s signature on all electronic documents filed with the court. They shall also serve as a signature, with the same force and effect as a written signature, for purposes of the Federal Rules of
Bankruptcy Procedure and the Local Bankruptcy Rules of this court, including FRBP 9011-1 and L.B.R. 9004-1(c), and for any other purpose for which a signature is required in connection with proceedings before the Court. Unless the electronically filed document has been scanned and shows the registered user’s original
signature or bears a software-generated electronic signature thereof,
an “/s/” and the registered user’s name shall be typed in the space
where the signature would otherwise appear.
(b) Signatures of Other Persons. Signatures of persons other than the registered user may be indicated by either:
(1) Submitting a scanned copy of the originally signed document;
(2) Attaching a scanned copy of the signature page(s) to the electronic document, or;
(3) Through the use of “/s/ Name” or a software generated electronic signature in the signature block where signatures would otherwise appear. Electronically filed documents on which “/s/Name” or a software-generated electronic signature is used to indicate the signatures of persons other than the registered user shall be subject to the requirements set forth in (c) and (d), below.
(c) The use of “/s/ Name” or a Software Generated-Electronic Signature. The use of “/s/Name” or a software-generated electronic signature on documents constitutes the registered user’s representation that an originally signed copy of the document exists and is in the registered user’s possession at the time of filing.
(d) Retention Requirements When “/s/Name” or a Software-Generated Electronic Signature is Used. When “/s/Name” or a softwaregenerated electronic signature is used in an electronically filed document to indicate the required signature(s) of persons other than that of the registered user, the registered user shall retain the originally signed document in paper form for no less than three (3) years following the closing of the case. On request of the Court, the registered user shall produce the originally signed document(s) for review. The failure to do so may result in the imposition of sanctions on the Court’s own motion, or upon motion of the case trustee, U.S.
Trustee, U.S. Attorney, or other party.
(2) Signature on Facsimile Documents. For the purposes of this Rule, the image
of the original manual signature appearing on a facsimile (fax) copy filed pursuant to this Rule shall constitute an original signature for all court purposes. The document, which itself may be in whole or in part a fax copy, must be marked “original” prior to submission to the Clerk’s Office for filing. The originator of the document, or in the case of an affidavit or certification, the presenting attorney or party, is required to maintain the document containing the original manual signature until the conclusion of the case or proceeding, including any appeal and remand after appeal. In the
event there are multiple signatories to a document, the filing party or attorney shall retain the originally signed document(s). The Court may require that the document containing the original manual signature be filed. This Rule does not provide for documents to be transmitted via fax directly to the Clerk’s Office. Documents directly faxed to the Clerk or to a chambers of the Court will not be filed, lodged, received, returned, or acknowledged.