Do You Know the Rule? Idaho Electronic Signatures

Boise, ID (WorkersCompensation.com) -- In Idaho, rules apply that govern what is to be in a pleading made to a court, and these pleadings often play a role in how far a workers' compensation case is able to go down the judicial path.

As with many things in the legal realm, electronic filing has become more accepted and common, which has required some updating of rules when it comes to the signatures that must be on pleadings filed. Here's a look at the Gem State's requirements when it comes to electronic John Hancocks.

Signature Requirements

• Every pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one attorney of record licensed by the State of Idaho, in the attorney's individual name.
• A party who is not represented by an attorney shall sign the pleading, motion, or other paper.
• The signature of any party to an action, or the party's attorney, shall constitute a certification that said party, or the party's attorney, has read the pleading, motion, or other paper; that to the best of her knowledge, information, and belief after reasonable inquiry that there are sufficient grounds to support it, and that it is not submitted for delay or any other improper purpose.

Rules for Electronic Signatures

A document may be electronically signed by:

1. Inserting a digital image of the signing party’s handwritten signature into the document; or
2. Scanning the individual’s handwritten signature after the document has been signed; or
3. Using a signature block that includes the typed name of the individual preceded by a “/s/” in the space where the signature would otherwise appear.

An example of a signature block with “/s/” is:

/s/ John Q. Smith

JOHN Q. SMITH

If the person signing is not either an attorney representing a party in the case or a party in the case and the document is signed using the person’s name preceded by “/s/,” a duplicate of the document must be manually signed by the person signing and maintained by the attorney or party submitting the document until the expiration of the time to appeal or the determination of the appeal, whichever is longer.

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