Wednesday, June 4, 2008
Reading Electronic Court Orders
In a recent case, a colleague of mine was required to show proof to a bank that the new administrator had indeed been appointed by the court so that a trust account could be opened. The bank did not want to accept the court's order because there was no signature on the signature line. Instead, there was a banner across the top of the document which said it was signed with the court's seal. The electronic filing rules say that the person filing a document is deemed to have signed it. But while the legal community has adjusted to the (at first disconcerting, I admit) lack of signature on the line where we used to expect it, it may be that not all of our fellow colleagues in the business world have had the opportunity to adjust. As a result, I suggest that we send a copy of Rule 6.5 of the Commonwealth Rules for Electric Filing and Service along with orders we are asking others to comply with if there is any question raised.